아동ㆍ청소년의성보호에관한법률위반(강제추행)
A defendant shall be punished by imprisonment for two years.
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
On April 8, 2017, the Defendant, at around 00:06, 00 on the street, she sawd the victim D (W, 13 years of age) who she was congested on the street in Ulsan-gu C lending, Ulsan-gu, U.S., U.S., with the desire to attract the victim, she was able to keep the right chest at the distance of her main stream, she was able to get off the inner part of the her bar, and she was suffering from the her inner part.
As a result, the defendant committed an indecent act against the victim who is a juvenile.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A report on occurrence;
1. 112 Reporting case handling table;
1. Each report (referring to the report on internal investigation 4, 5, 6, 8) and accompanying documents;
1. Each investigation report (referring to 10, 11, 13, 20) and accompanying documents;
1. Video CDs made by the victim;
1. Video CDs at the scene of crime;
1. Application of the video CD-related Acts and subordinate statutes to the respondent’s statement;
1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;
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 main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Orders to attend lectures and Orders to provide community service;
1. In full view of the following circumstances: (a) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children exempted from the disclosure order and notification order (the Defendant did not have any history of criminal punishment before committing the instant crime; and (b) the registration of personal information and taking lectures in treatment of sexual assault can expect the effect of preventing recidivism to a certain extent; and (c) the Defendant’s age, family environment, social relationship, profits and preventive effects expected due to the disclosure order, and disadvantages and side effects arising therefrom, there are special circumstances that may not disclose the Defendant’s personal information.
The reason for sentencing
1. Scope of applicable sentences under law: Two years to thirty years; or
2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall be general standards, and the crime of indecent act by force (the persons who are 13 or more years of age) shall be committed.