성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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 four years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 20, 2014, the Defendant: (a) around 12:15, at apartment playground in Gangseo-gu Seoul, Gangnam-gu, Seoul; (b) on September 20, 2014, on the part of the Defendant, reported that the victim D (the victim 9 years old) was boarding his/her knife; and (c) called the Defendant’s knife and knife the Defendant’s knife of the Defendant, and
The Defendant continued to enter the victim into the part of the slock and continued to enter the part of the victim, and "any slick", and the part of the victim was slicked with the victim's own hand.
Accordingly, the defendant committed an indecent act by force against a minor victim under 13 years of age.
Summary of Evidence
1. Defendant's legal statement;
1. Application of D's statement-related Acts and subordinate statutes recorded in a video CD;
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;
2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).
4. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education or community service order
5. It is difficult to readily conclude that the Defendant has a risk of committing a sex crime again in light of the following: (a) the degree of indecent conduct in the instant case under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order; (b) 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; (c)
It seems that only the registration of personal information and participation in sexual assault treatment can have the effect of preventing recidivism by the defendant.
In addition, in full view of all the circumstances, such as the benefits and the effects expected by the disclosure order or notification order of this case, and the disadvantages and side effects therefrom, the defendant.