성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On April 26, 2015, around 200, the Defendant: (a) 12:00 on April 26, 2015, 2015, the Defendant saw the victim D (influence, 8 years old, household name) and his/her son E (influence, 3 years old, household name) approaching the victim, and her son E (influence, 13 years old, household name) who was sitting at the first floor of the new building of the C Hospital in Masan-si; (b) told the victim “humma well fluence”; (c) “Is the victim, who would be bad, likely to have come,” and (d) committed an indecent act by a minor under the influence of 13 years old by allowing the victim to kiscing and leaving the victim her seat.
2. On April 27, 2015, the Defendant: (a) around 12:00 on April 27, 2015, 2015, the Defendant saw the victim D, who was seated in the third floor resting room of the hospital in the above paragraph (1) and talked with children in the future, she kisced to her so as to her kisc; (b) prevented the victim from her own view of each side of the victim referred to in the above paragraph (1), and committed an indecent act by forcing a minor under the age of 13 by her kiscing the drunk.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Stenographic records (D, E);
1. A criminal investigation report (verification of the victim's age);
1. Application of the Act and subordinate statutes to the investigation report (Written Statements);
1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The accused of 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 who are exempted from disclosure and notification order;