미성년자의제강간
A 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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 2020, the Defendant became aware of the victim B (the name, female, 11 years of age) through the early Kakao Stockholm Opening room (the name, female, 11 years of age).
around 12:00 on June 7, 2020, the Defendant exceeded the victim’s lower part of C’s fourth floor of the 4th floor of the building, and inserted the Defendant’s lower part and the Defendant’s sexual organ into the part of the victim’s sound.
Accordingly, the defendant has sexual intercourse with the victim under 13 years of age.
Summary of Evidence
1. Application of Acts and subordinate statutes governing stenographic records of the E Center to the defendant's legal statement B and recording records concerning B;
1. Articles 305 and 297 of the Criminal Act concerning the facts constituting the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 of the Criminal Act on the observation of protection;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. There are special circumstances in which the disclosure or notification of personal information may not be made in light of the Defendant’s age, occupation, risk of recidivism, type of and motive for the instant crime, process of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure or notification order, the prevention of sex offenses subject to registration that may be achieved, and the effect of protecting the victims, etc., in full view of the aforementioned:
[Determination]
1. There are special circumstances under which the employment of the defendant shall not be restricted in considering comprehensively the age, family environment, and social relationship of the defendant, records of the crime, details and motive of the crime, method of the crime, result of the crime, risk of recidivism, disadvantage of the defendant's entry due to the employment restriction order, preventive effect of the sex crime that may be achieved due to such order, etc.
The reason for sentencing
1. The scope of punishment by law: Imprisonment for one year;