성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 24, 2018, between around 16:30 and around 17:00, the Defendant, while smoking tobacco in the Seocho-si B Apartment Cdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong
The Defendant: (a) took off the victim’s knife and stop, and, (b) took knife the victim’s knife and knife the victim’s knife; (c) knife the victim’s knife; (d) knife the victim’s knife; (d) knife the victim’s knife; (e) knife the victim’s knife; and (e) knife the left hand into the victim’s panty, knife the victim’s knife into the victim’s knife.
Accordingly, the defendant committed an indecent act by force against a minor victim under 13 years of age.
Summary of Evidence
1. Defendant's legal statement;
1. Records of statements made by victims;
1. Notification of the department related to the report of the 112-case case, photographs of the damaged place, suspect moving routes, CCTV-faging photographs by the suspect moving routes, and CCTV-faging photographs in the crime place;
1. Application of Acts and subordinate statutes to a gene appraisal statement;
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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);
1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Probation or Order to Attend;
1. As to the facts constituting a sex offense subject to registration, Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) and Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018) shall be convicted.