아동ㆍ청소년의성보호에관한법률위반(강제추행)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 10:00 on July 2, 2013, the Defendant: (a) reported that the victim E (the 16-year-old, female) was locked next to the other, and (b) caused the sudden desire of the victim, thereby making up the victim’s fingers into the victim’s thrts, and making up the victim’s chests 2-3 only 2-3 times; (c) made the victim’s fingers by inserting his fingers into the hand, and 2-3 minutes of the victim’s fingers, and humping the victim’s fingers were forced to resist; and (d) made a indecent act by force.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statement to E;
1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning criminal facts;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. In full view of whether an order to disclose or notify personal information registered under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse is issued, the following facts are considered: (a) the process of the instant crime; (b) the degree of the crime; (c) the Defendant’s attitude after the crime was committed; (d) the Defendant’s criminal history; and (e) the Defendant’s age, family relationship; and (e) the Defendant’s personal information shall not be disclosed or notified pursuant to the proviso to Article 49(1) and the proviso to Article 50(
Where a conviction of a defendant who has registered personal information becomes final and conclusive, the defendant is 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
Reasons for sentencing
1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and
2. The range of recommendations on the sentencing criteria [decision of types] sexual crime group;