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 October 24, 2012, the Defendant, around 17:00 on October 24, 2012, visited the victim E (10 years of age) in the vicinity of D elementary school located in Pakistan, and accessed the victim, and “ how much he or she would be able to commit any indecent act by force.”
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes on investigation reports to children and disabled persons;
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;
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 (Act No. 11572, Dec. 18, 2012); the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The reason for sentencing of the Defendant’s personal information can be found to have the effect of preventing recidivism to a certain extent by taking part in the registration of personal information and taking part in the course of sexual assault treatment pursuant to 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 (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same) (no record exists that the Defendant had been punished before committing the instant crime), which is exempted from the disclosure order and notification order. In full view of the Defendant’s age, character and conduct, environment, motive for committing the instant crime, and the fact that there are considerable disadvantages and side effects compared to the benefits and effects expected by the disclosure order or notification order, the reason for sentencing of the Defendant’s personal information shall not be disclosed
1. The recommended field and the recommended field in cases where the degree of indecent conduct in Type 3 (Special Mitigation) is weak, within the scope of recommended punishment according to the sentencing guidelines [decision of type] group of sex crimes, general standards, sex offenses against a person under the age of 13, and the degree of indecent conduct.