아동ㆍ청소년의성보호에관한법률위반(강간등)
A defendant shall be punished by imprisonment for not less than one year 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.
Criminal facts
On September 21, 2012, around 22:40 on September 21, 2012, the Defendant discovered that the victim D (here, 15 years of age) talks with her friendship, attempted to commit an indecent act against the victim, she shall sit on the left side of the victim, she shall rheep and thring the shoulder of the victim, she shall 4 to 5 times the victim's winter, she was able to talk with the victim according to the victim who moved the place of damage, and she tried to get off the victim's her am, and to get off the victim's am, and to get off the victim's am.
Accordingly, the defendant committed an indecent act by coercion against a female juvenile victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of investigation reports (Attachment of the victim's relative E 112 report list), investigation reports (related to the residence of the suspect and the distance between the victim and the reporter's residence);
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;
1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the reasons for sentencing below)
1. Probation and community service order under Article 62-2 of the Criminal Act;
1. The main sentence of Article 38 (1) 1 and Article 38 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Reasons for sentencing under Article 38-2(1)1 and 38-2(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences under the law] - a year to 30 years of imprisonment (the determination of a type of punishment]. General standards for a crime of indecent act (the person aged 13 or older): - Where the exercise of tangible power is considerably weak, where the degree of indecent act is weak [the decision of the recommended area] mitigated area [the decision of the recommended area] [the scope of sentence of recommendation] 4.5 to 1 year and 6 months [the general person] mitigated area - In cases of a crime against a juvenile [whether or not a suspended sentence of punishment is] - Where the exercise of tangible power is significantly weak in positive indecent act, the degree of indecent act in an indecent act is weak in the crime of indecent act.