성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
1. The punishment of the accused shall be determined by two years and six months;
2.Provided, That the above punishment shall be imposed for four years from the date when this judgment became final and conclusive;
Punishment of the crime
On May 1, 2015, the Defendant, while working at the “D” convenience store located in Gwanak-gu in Seoul Special Metropolitan City on May 1, 2015, made the victim E (hereinafter “D”) in front of the bread display stand, “I ambbling,” and let the victim sit in front of the bread display stand, and let the victim sit in the front of the bread display stand, and let the victim sit in the same manner after the victim ambling.
The Defendant continued to commit an indecent act against the victim in such a manner that the victim was able to play in the Defendant’s behavior as seen above, and the victim was able to have a happy child, and the victim was able to see the victim’s sexual organ in a manner that the victim was able to wear the ice cream with a ice cream cooling machine after requesting that the fright cream be cut off at the cooling house.
Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement prepared by victims E and F;
1. The police statement concerning G;
1. Records of the police protocol of victims E;
1. Application of internal investigation reports (site of occurrence and CCTV verification), photographs of crime places, CCTV images of crime places, and CD-related Acts and subordinate statutes;
1. 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered favorable circumstances among the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the following reasons for sentencing):
1. Grounds for sentencing under the main sentence of Article 21 (2) and Article 62-2 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Scope of recommendations;
(a) Determination of types of sex crimes, general standards, sex crimes subject to the age of 13, and Type 3;
(b) Where there is a weak degree of reduced elements for special punishment or indecent conduct (type 1 and 3);
(c)decision of the recommended territory;