아동ㆍ청소년의성보호에관한법률위반(준강제추행)
A defendant shall be punished by imprisonment for one year.
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
On September 6, 2014, around 02:50, the Defendant completed the extracurricular teaching at the Defendant’s home of the C apartment of 108 Dong 701, Busan, Busan, and completed the extra teaching to the victim D ( South and the age of 16). After drinking alcohol with the victim, the victim talks with the victim’s spanty and panty, the victim was under the influence of alcohol, and the victim’s fingers with the victim’s sexual character, and the victim was under the influence of alcohol.
As a result, the defendant committed indecent acts by taking advantage of the victim's refusal to resist.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The application of Acts and subordinate statutes to the details of 112 report, and text messages sent to the victim immediately after damage;
1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act, which adopt the relevant criminal facts and punishment;
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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Reasons for sentencing of the defendant's personal information shall not be disclosed or notified in full view of the circumstances favorable to the reasons for sentencing under 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 (where the defendant has no record of sex offense, etc.) and the circumstances leading to the crime of this case, etc., it is difficult to deem that the defendant is highly likely to recommit a sexual crime in light of the circumstances favorable to the reasons for sentencing under the following circumstances, such as the defendant's absence of record of sex offense, and the profits
1. One year to fifteen years from the imprisonment with prison labor within the applicable range;
2. Determination of the range of recommendations - sex crimes, general standards, crime of indecent act by compulsion (subject to over 13 years of age), and type 2.