성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 19, 2014, at around 02:03, the Defendant discovered that the victim E (the 10-year-old age-old) was locked, and that the victim was locked, and that he was able to do so by taking advantage of the victim’s state of refusal to resist, such as holding the victim’s her breast in front by holding the victim’s her seat next to the her seat.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of the police officer concerning F and G;
1. CCTV images;
1. Application of Acts and subordinate statutes to the investigation before the request;
1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 299 of the Criminal Act, the applicable provisions concerning the crimes and the choice of punishment;
2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).
4. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
5. In light of the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / / [the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / [the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / [the defendant has no record of punishment as well as any criminal punishment prior to the crime in this case, and the defendant committed the crime in this case contingently under the influence of alcohol. Thus, it is unnecessary to impose security measures such as the order to disclose personal information on the defendant is not necessary because it is difficult to deem that the defendant has a habit of sexual crime or has a risk of recidivism, and ② if the defendant's personal information is disclosed and notified, the degree of infringement of legal interests on the defendant and his/her family members is considerably high (see, e.g., Supreme Court Decision 2011Do16863, Feb. 23, 2012].