성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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 6, 2013, at around 18:00, the Defendant, following the victim E (the age 11), who was flicked to the bicycle and reported on whether he/she was forced to sleep in front of the D located in Ulsan-gu C, Ulsan-gu, Seoul, and was sexually committed an indecent act by force against the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Records of proceedings of statement;
1. Application of Acts and subordinate statutes on investigation reports for children;
1. Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act, Article 298 of the Criminal Act, and the selection of imprisonment for a crime
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572, Dec. 18, 2012), Article 21 (2), (3) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The reason for sentencing on the grounds of sentencing in light of the proviso to Article 38(1) and the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; Act No. 11572, Jun. 19, 2013); the Defendant’s disadvantage and anticipated side effects due to the Defendant’s age, occupation, risk of recidivism; the motive, method, consequence, and seriousness of the instant crime; the disclosure or notification order; the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure or notification order; the preventive effect of the sexual crime subject to registration to be achieved; and the effect of protecting the victims, etc.
1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and
2. The scope of recommended punishment according to the sentencing guidelines [the determination of a type] shall be the general standard for sex crimes subject to the age of 13, indecent act by compulsion (a special person] - mitigated factors: cases where the degree of indecent act is weak;