성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
A defendant shall be punished by imprisonment for four years.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Punishment of the crime
Defendant
From July 22, 2011 to August 31, 2011, the person subject to a request to attach an order (hereinafter referred to as the "defendant") and the victim E (hereinafter referred to as the "responer") who was probed by a son and son and son, who was unbrupted from the 23:00 as of August 22, 201, at the same time, from the D 23:0, the 2nd floor of the D 2ndo-gun-gun, Jindo-gun, Jindo-gun, the victim was forced to be her arms while under the influence of alcohol, let the victim her arms, forced the victim's clothes, she was pushed the victim into his arms, she tried to enter his/her sexual organ, who was listed in the body of the victim, into the victim's resistance, and did not result in such act, but did not occur.
Accordingly, the defendant tried to commit an indecent act against a female under 13 years of age by force, but he attempted to commit such an indecent act.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Act and subordinate statutes to one video CD for the victim;
1. Articles 14 and 7 (5) and (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Where a conviction becomes final and conclusive with respect to the facts constituting a crime indicated in the judgment on the registration of personal information under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information pursuant to Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the obligation
Reasons for sentencing
1. Application of the sentencing guidelines [Determination of type] group of sex crimes, general standards, indecent act by compulsion (type 3) among sex offenses under the age of 13 (the scope of recommendations] basic area, and imprisonment.