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 23:00 on December 19, 2018, the Defendant discovered the victim C (one, five years of age) who drinks food on the packing b in the Yellow-gu, Western-gu, Seo-gu, Seocheon-gu, Seocheon-gu, the Defendant committed an indecent act by force against the victim’s face, as soon as the victim’s face was used below.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s statement recorded in the video CD;
1. Each police statement made to D and E;
1. Application of statutes governing professional opinions in cases of indecent conduct against children or persons with disabilities;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities
1. The reason for sentencing is that there are special circumstances in which the disclosure or notification of personal information of a criminal defendant should not be disclosed or notified, in full view of the following: the defendant's age, family environment, the background leading up to the crime of this case, the anticipated side effects of the disclosure or notification order on the disadvantage and anticipated side effects that the criminal defendant will suffer, the expected benefits therefrom, and the prevention of sexual crimes: the defendant's personal information may not be disclosed or notified.
1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to fifteen years;