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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 10, 2013, at around 16:50, the Defendant discovered the victim E (the 7 years of age) who was mixed with it in front of D elementary school located in Gyeongnam-gun, Gyeongnam-gun, with a view to forcing the victim to commit an indecent act by force. The Defendant was able to look at the victim's legs and the part of the victim's bridge and the part, by inserting the victim's knife, and making the victim knife the knife knife knife knife knife and knife knife knife knife knife knife knife knife knife knife knife knife
Accordingly, the defendant committed an indecent act against the victim under 13 years of age.
Summary of Evidence
1. Defendant's legal statement;
1. Requests for provision of CCTV data and the application of Acts and subordinate statutes to photographs;
1. Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); 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. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Where a conviction has become final and conclusive for committing a sex offense against a child or juvenile under the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), which constitutes a sex offense against which personal information is registered pursuant to Article 38(1)1 and (3), and Article 38-2(1)1 and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse.