성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)
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
On May 1, 2018, at around 05:22, the Defendant: (a) reported the victim E (one’s name, five years of age) (one’s age) who was divingd from a brying room of “D,” located in Namdong-gu Incheon Metropolitan City, with a view to committing an indecent act against the victim by taking advantage of his mental and physical loss state; (b) was off the victim’s load with the victim’s hand; (c) continued to put the victim’s body above the victim’s body; and (d) continued to put the victim’s am on the victim’s body; and (d) took the victim’s bridge between the victim’s own bridge and drawn the victim’s body with his/her arms, and then was able to use the victim’s back son’s hand.
Accordingly, the defendant committed an indecent act against the victim by taking advantage of the mental and physical loss of the victim under 13 years of age.
Summary of Evidence
1. Statement by the defendant in court;
1. Video-recording CDs or stenographic records of E (aliass);
1. The forests of the victim's neighborhood;
1. D CCTV;
1. Each report on internal investigation (the application of Acts and subordinate statutes to the CCTV investigation (1) and (2) at the place of occurrence);
1. Relevant Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act, and selection of imprisonment with prison labor;
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 extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The part of the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the part of the defendant's order to disclose information and the part of the order to attend a lecture for treatment of sexual assault on the ground that the defendant's personal information and the part of the order to attend a lecture for treatment of sexual assault could have the effect of preventing re-offending, and the other part of the defendant's age, environment, social relationship, family relationship, and disclosure order are likely to have the disadvantage and anticipated side effects that the defendant will sustain