성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
The defendant is the Corer part of the E F elementary school located in Sungnam-si E, and the victim G (n, 11 years old) was the student attending the sixth grade of the F elementary school, and there was an interview with the defendant from time to time.
피고인은 2014. 7. 4. 15:30경 F초등학교 체육관 계단에서 피해자에게 곧 야구부 코치를 그만두게 된다고 말하던 중 피해자가 눈물을 흘리자, 피해자를 체육관 뒤로 데려간 다음, 피해자를 위로해 주는 척 하면서 피해자를 끌어안고 엉덩이를 툭툭 치고, 갑자기 피해자에게 입을 맞추면서 양 손으로 피해자의 얼굴을 붙잡아 움직이지 못하게 한 후, 피해자의 입 안으로 혀를 집어넣고 입 속을 핥아 피해자의 의사에 반하여 피해자를 강제로 추행하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. The statement of G contained in the video CD;
1. Application of text messages to Acts and subordinate statutes;
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 the facts constituting an offense;
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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The accused under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse who are exempted from disclosure or notification orders shall not have any record of being punished for sexual crimes before committing the instant crime;
The defendant reflects his mistake in depth, and again refrain from committing such a crime. The defendant's intent to protect his family members is high, so that the registration of personal information and the completion of sexual assault treatment program can have the effect of preventing recidivism.
In full view of these circumstances, rather than the benefits and preventive effects expected by the disclosure order or notification order, the disadvantage that the defendant would receive is excessive.