성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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
The Defendant, with intellectual disability 2nd degree, lacks the ability to discern things or make decisions, and the Defendant, on July 20, 2013, after the D Middle School located in Busan-gu Busan-gu, Busan-do around 16:00 on the first day, left mountain to the victim E (E) who was the fifth-year student of the elementary school he was aware of while playing a axis in the above D secondary school playgrounds from 00 in the middle day of July 2013, and was living in mountain, and the Defendant was able to put the victim's body on the victim's knee, and put the victim's body on the victim's knee, and put the victim's body on the victim's knee, so long as the victim's body cannot be separated by the victim's hand.
Accordingly, the defendant committed an indecent act against the victim under 13 years of age.
Summary of Evidence
1. Defendant's legal statement;
1. Records of statements;
1. Each investigation report (referring to video recording of the victim E/ 11 years of age, whether the suspect A obstructs or not, and on-site verification) shall be applied;
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. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;
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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Article 16 (4) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, Article 30 subparagraph 2 of the Act on Probation, etc.;
1. The main sentence of Article 16 (2), Article 16 (3) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 59 of the Act on Probation, etc.;
1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and (3), and 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.