성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
On December 11, 2012, around 13:45, the Defendant: (a) committed indecent act by force on an elevator with the victim D(8) in the Young-gu C apartment complex 5 dong 533-4 dong 53-4 dong 5, Suwon-gu, Suwon-si; and (b) asked the victim to “whether or not the victim is a certain school year”; (c) the victim’s answer as the second year was defective, “second grade or mar”; and (d) the victim was under the part of the Paris-type 13 years of age where the victim was suffering.
Summary of Evidence
1. Partial statement of the defendant;
1. Each prosecutor's protocol of examination of the accused;
1. Statement to E by the police;
1. Recording statements of victims;
1. Application of Acts and subordinate statutes to elevator CCTV images and photographs;
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;
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. Where a conviction is finalized on the facts constituting a sexual crime subject to registration under the Act on the Protection of Children and Juveniles against Sexual Abuse, which is a sexual crime subject to registration under Article 13(1) 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(1) of the same Act, and the defendant is obligated to submit personal information to a competent agency pursuant
As to the disclosure order and notification order, the defendant seems to have committed the crime of this case by contingency, the fact that the defendant has no record of punishment for sexual crimes so far, the age, occupation, type and motive of the crime of this case, the process and consequence of the crime of this case, the degree and anticipated side effects of disadvantage that the defendant will suffer due to the disclosure order or notification order, and the resulting side effects can be achieved.