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
At around 14:55 on June 20, 2012, the Defendant: (a) was on board the elevator in order to get off the elevator from the 6th floor of Sungsung-si C Apartment 901, 3-4 Ra, to the underground parking lot; (b) discovered the victim D (7) in that process; (c) laid down the hand hand in the victim’s right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the
Summary of Evidence
1. Defendant's legal statement;
1. Some statements in the police statement concerning D;
1. The application of each investigation report (general), investigation report, records of damage (Stenographic recording), internal investigation report, investigation report (transmission of an expert evaluation report to victims D), expert opinion on sexual assault against children with disabilities, and the application of Acts and subordinate statutes related to the submission of such reports;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;
2. Application of the sentencing guidelines [Determination of types of punishment] group of sex crimes, general standards, and Type 3 (Indecent Act by compulsion) from among sex offenses subject to the age of less than 13: Reduction elements of crimes at special protection places: Where the degree of indecent act is weak, and where deceptive means and force, other than assault and intimidation, are used (decision on the recommended area] mitigated area [the scope of recommending punishment] mitigated area [the scope of recommending punishment] and six months to five years;
3. The crime of this case by which the sentence of sentence was determined is deemed to have committed an indecent act on the part of an elevator with only seven years of age, which is the place where the defendant was sealed, even though the victim could not yet have mental or physical maturity in light of the victim’s age, place of the crime, method and content of the crime, etc.