성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 5, 2012, 19:20, the Defendant found that the victim D (here, 4 years of age) residing in the above apartment 102-dong 102-dong 1, the Defendant 19:20-dong 1, 102-dong 1, the Defendant committed an indecent act by force against the minor victim who is under 13 years of age, by inserting the victim's neck and panty hand, following the victim's kis and panty hand, and by inserting the victim's kis.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to investigation reports (CCTV, on-site investigation, and victim hearing pictures, etc.);
1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;
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 extenuating circumstances among the reasons for sentencing).
4. The main sentence of Article 38 (1) 1 and Article 38 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
5. The main sentence of Article 38-2 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
6. The main sentence of Article 62-2 (1) of the Criminal Act to provide community service;
7. Where a conviction is finalized on the criminal facts of this case against a defendant who has registered personal information of Article 13(1) and the main text of Article 13(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information pursuant to Article 33 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the defendant is obligated to submit personal information to a competent agency
The reason for sentencing [decision of the type] The reason for sentencing [decision of the type] The third type of indecent act by force (special person) and the special mitigation person: The defendant, who is a minor under the age of 13, is forced to make a minor victim under the age of 13.