아동ㆍ청소년의성보호에관한법률위반(강제추행)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
On February 28, 2013, the Defendant: (a) around 21:00, around 21:00, and around 202, the E-building 202, where the Defendant and his female job offersd (the age of 17) together with the victim, attempted to drink with the victim to commit an indecent act against the victim under the influence of alcohol; and (b) tried to be off the victim’s clothes.
Therefore, when the victim does not want to do so, the victim scam his body, and the defendant scam the body knee of the victim's body, and knee the victim's body knee, off the victim's body knee, off the part of the victim's chest, 3 times the victim's breast part of the victim's breast scam in order to improve the victim's clothes, and fast down the victim's breast scam.
Accordingly, the defendant committed an indecent act against the juvenile victim by force.
Summary of Evidence
1. Statement by the defendant in court;
1. The defendant and his defense counsel asserted that at the time of the crime of this case, the defendant and his defense counsel asserted that at the time of the crime of this case, the defendant had the weak ability to discern things or make decisions.
According to each evidence duly adopted and investigated by the court of this case, it is recognized that the defendant suffered from the mental retardation of the intermediate level, but in light of various circumstances, such as the background, means, and the defendant's behavior before and after the crime of this case, it is not deemed that the defendant did not have the weak ability to discern things at the time of the crime of this case, and thus, it is not acceptable to accept the above assertion.
Application of Statutes
1. Relevant legal provisions on criminal facts, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Articles 4 and 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012);