아동ㆍ청소년의성보호에관한법률위반(강제추행)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
On May 12, 2013, around 22:23, the Defendant ordered tobacco to the victim E (the 17-year-old age), who is an employee, at the D convenience store located in Kimhae-si, Kim Jong-si, and committed an indecent act by force against the victim, who is a child or juvenile, by releasing the body from the body to shym rhym for the purpose of taking tobacco out.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of victim E;
1. Application of the Act and subordinate statutes to investigation reports (cognient CD attachment);
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act concerning criminal facts;
2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
3. Article 62 (1) of the Criminal Act;
4. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
5. Where a conviction of the criminal facts indicated in the decision on the registration of personal information is finalized in full view of the fact that the defendant is subject to the registration of personal information pursuant to Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 38-2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Act on the Protection of Children and Juveniles against Sexual Abuse) and the proviso to Article 38-2(1) of the same Act (the Act on the Protection of Children and Juveniles against Sexual Abuse has no history of sex offense, and the victim does not want punishment, the victim is divided in depth of the crime, other benefits and preventive effects expected by the order to disclose and notify the defendant, and adverse effects therefrom, etc.), the defendant is subject to the obligation to submit personal information to a competent agency pursuant to Article 43 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 5(1) of the Addenda to the same Act (the Act on December
Reasons for sentencing
1. The scope of punishment: Imprisonment;