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 a period of four years from the date this judgment becomes final and conclusive.
Punishment of the crime
Around 15:00 on August 22, 2016, the Defendant: (a) moved to a park in the E Park located in Dae-gu, the Defendant: (b) moved to a park, and was playing at that park; (c) reported the Victim F (F) and the Victim G (F) who was playing there at that park; and (d) said G (F) was frighting to the Defendant; (c) frighting to the horses; (d) frighting to the Defendant; (e) fright to the Defendant; (e) fright to the Defendant’s kne; (e) fright to the Defendant; and (e) fright to the Defendant’s kne; and (e) frighting to the Defendant’s kne; and (e) frighted to the Defendant’s kne; and (e) frighting to the kne, frighting, shouldering,
Accordingly, the defendant committed an indecent act against the victims of less than 13 years of age.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of the police officers of the accused;
1. The defendant's writing;
1. A statement expert opinion on stenographic records or sexual assault cases against children with disabilities;
1. Two copies of a statement video-recording (ROM);
1. Application of Chapter 1 of the Act and subordinate statutes to d. (CCTV) in the time of crime prevention;
1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof, and Article 298 of the Criminal Act;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes committed by a minor under the age of 13 against the victim G with excessive circumstances)
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no criminal record for the same kind of offense, and the Defendant’s age, family environment, social relationship, the background and consequence of the instant crime, and disclosure order are disadvantageous to the Defendant.