Attorney C

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive, and the defendant shall be ordered to attend sexual assault treatment lectures for 40 hours.

On June 15, 2017, the Defendant: (a) around 18:30, the Defendant: (b) had the Victim F (n, 12 years of age, 12) (hereinafter “E”), which was known through the “E”, a mobile phone-rating cryping cryping cryp, on the rooftop of the D Building in Silung-si; (c) had the Defendant prompt the Defendant’s sexual organ; (d) had the victim, who was under his clothes, put his fingers into the victim’s chest, booms the victim’s chest, and inserted his sexual organ into the victim’s drinking part. Accordingly, the Defendant had sexual intercourse under

Summary of Evidence

1. Partial statement of the defendant;

1. F’s statement recorded in a statement video CD; 1. Stenographic records (victim’s statement twice);

1. A protocol of suspect examination of G police officers;

1. Photographs of the victim;

Application of Statutes

1. Article applicable to criminal facts;

Articles 305 and 297 of the Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Order to attend lectures;

Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Exemption from an order for disclosure and notification;

In full view of the following: (a) 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 fact that there is no history of criminal punishment against the Defendant for sexual crime of this case; (b) the registration of personal information of the Defendant; and (c) taking courses in treatment of sexual assault, the Defendant’s age, occupation, family relationship, social relationship; (d) the details and circumstances of the instant crime; and (e) other benefits expected by the disclosure or notification order; and (e) the effect of preventing a crime; and (e) disadvantages and anticipated side effects, the disclosure and notification of the Defendant’s personal information

1. Exemption from an employment restriction order;

In light of Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by January 16, 2018), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no record of punishment for a sex offense) is difficult to conclude that the defendant has access to a person subject to a sex offense using his/her occupation and position or is likely to facilitate access to a sex offense or to pose a risk of recidivism, or that there is a risk of recidivism. In addition, in light of the defendant's age, family environment, or employment restriction order that the defendant was placed at a disadvantage due to the defendant's disadvantage, the effect of preventing a sex offense that

(2)

Judgment on the Defendant and defense counsel's argument

1. Summary of the assertion

The defendant could not know that he was a minor under the age of 13.

2. Determination

In light of the following facts and circumstances revealed by the evidence of the judgment, the defendant can be found to have been aware of the fact that the victim was under 13 years of age. Thus, the above assertion by the defendant and the defense counsel is not accepted.

① In this court, the Defendant seems to have shown that the external appearance of the victim was more than 20 years as indicated in the “E” protogram, and asked whether it would be 20 years or not. However, the Defendant stated that the victim was a high school student because he did not answer but did not look at his age, and that he did not look at the age, and that the Defendant was able to ask the age of the victim.

② The victim stated in the police that “I am at the beginning school (the defendant and G) I am at the time of ‘I am at the time I am at the time I am at the time I am at 'I am at the time I am at the time I am at the time I am at the time I am at the time I am at the time I am at the time I am at the time

③ Considering the fact that the victim had expressed his age to other men who had sexual intercourse with the victim during the hosting, the victim seems to have not actively belonged to his age only to the Defendant.

④ At the time of delivery, the victim was a car that receives the Defendant’s strings with the strings, which did not make cremation at all, and the appearance of the victim does not appear to be more than that of the elementary school students.

1. Reasons for sentencing: Imprisonment with prison labor for not less than one year and six months to fifteen years;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] The elements of mitigation of Type 2 (Special Rape) (Aggravated Rape) for a sex offense subject to the age of less than 13: A person not subject to punishment

[Recommendation and Scope of Recommendation] Imprisonment of 1 year and 6 months to 3 years (Discretionary Zone)

3. The offense of this case by which a sentence of sentence is to be pronounced is deemed to have been committed by a victim under the age of 13, who is physically and mentally aestheticly well-known and without a good concept as to sex. However, the Defendant does not have access to the victim from the beginning with the intention of sexual intercourse with a female woman, but is somewhat passive until the sexual intercourse is committed, and thus, the circumstances may be taken into account in the context of the offense. The Defendant expressed his/her intention that he/she does not want the punishment of the Defendant by mutual consent with the legal representative of the victim. The Defendant initially expressed his/her intention that he/she would not be punished by the same mistake as the offense of this case.

In addition, the defendant's age, character and conduct, family relations, the motive and circumstances of the crime of this case, and the circumstances of the crime, etc. shall be determined as ordered by taking into account various sentencing conditions shown in the records

Registration of Personal Information

Where a conviction on the crime in the judgment becomes final and conclusive, the defendant 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of

Judges Kim Gin-young

Judges, Senior Jins