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 three years from the date this judgment becomes final and conclusive.
Criminal facts
1. On November 14, 2019, at around 16:20, the Defendant committed an indecent act against the victim B by coercioning the victim under 13 years of age, on the following grounds: (a) the victim B (n) playing in front of, and behind, the Southern-si C Apartment Ddong, who was playing in, the kidrums; and (b) the victim’s own identity, and attempted to be under the influence of undermining the victim’s entry.
2. The Defendant committed the crime against the victim E, around 16:35 on the same day, committed an indecent act by force against the victim under 13 years of age, such as: (a) the victim E (n) who was on the spot specified in the above paragraph (1) of the said paragraph (1) ceased to stop his her gys; (b) the victim gys his gys and gys his gys his gys; and (c) the victim’s gys
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement of B and E (Stenographic record);
1. Report on internal investigation by the police (including the sequence 2, 12, 17, and attached materials; hereinafter the same shall apply), police investigation report (Evidence List 6);
1. Application of the Acts and subordinate statutes concerning data to block the suspect's moving route and the scene of a crime;
1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment of such crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [aggravated Punishment of Sexual Crimes, etc. (a minor under thirteen years of age) concerning concurrent crimes committed against a victim B with a heavier penalty];
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the accused among the reasons for sentencing below);
1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);
1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Registration of personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;