아동ㆍ청소년의성보호에관한법률위반(강제추행)
A defendant shall be punished by imprisonment for one year.
Provided, That the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
On May 20, 2015, the Defendant: (a) walked the front side of the 1st apartment house in the southnam city from the southnam city around 21:50 on May 20, 2015; and (b) was coming from the part adjacent to the victim C (A, E, E, 15 years of age) and committed an indecent act by force against the victim, by releasing out the left side of the victim into one time.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statements made to C and D;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspension of execution (including repeated consideration of the favorable reasons for the suspension of execution);
1. Article 62-2 (1) of the Criminal Act and the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. In light of the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the crime of this case seems to have been committed contingent, the social relation of the defendant is clear and the victim does not want the punishment of the defendant, other benefits and preventive effects expected by the disclosure order or notification order, and disadvantages and side effects therefrom, it is deemed that there are special circumstances where disclosure or notification of the personal information of the defendant should not be disclosed or notified), where a conviction against the crime of this case becomes final and conclusive, the defendant who registered personal information of this case constitutes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall submit the personal information to the competent agency pursuant to Article 43(1)
Reasons for sentencing
1. Scope of sentenced punishment: One to fifteen years;
2. Application of the sentencing criteria [Determination of types] the general standards for sex crimes (subject to the age of 13 or older).