성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.
Punishment of the crime
While the Defendant lacks the ability to discern things or make decisions due to the mental retardation, etc. of autism, etc., the Defendant, around November 16, 2016, was driving on the roads of 18, 194, Seo-gu, Gwangju, Seo-gu, Seo-ro, 194, in order to have the victim C (hereinafter “Won, July 1, 2004, and age 12) reported to commit an indecent act by force, and kiddd the victim, “Won elementary school student”, “Won elementary school student”, “Won-gu,” and “Won-gu, I am the victim’s breath, and bread the Defendant’s breath from the view of the victim.
Accordingly, the defendant forced the victim under 13 years of age to commit an indecent act.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of statutes governing stenographic records of statements made by victims;
1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is unable to implement an order to attend a lecture due to a delay in the spirit of self-defence or mental behavior without any impediment to such mental retardation);
1. 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 Defendant requires appropriate treatment and management of diseases at present; the motive and method of committing the instant crime; the Defendant’s character, conduct, environment, etc.; etc.; the degree and foreseeable side effects of the Defendant’s disadvantage due to the disclosure order and notification order; the effect of preventing sexual crimes subject to registration that may be achieved therefrom; and the effect of protecting victims from sexual crimes subject to registration, shall be personal information on the Defendant.