성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall complete the sexual assault treatment program for 40 hours.
Punishment of the crime
At around 17:00 on April 4, 2019, the Defendant reported the fact that the victim X (here, 10 years of age) was found to find a mobile phone device in the vicinity of WW located in the Y in the Y in the Yasan City, and accessed the mobile phone device. “A fine is able to find, she is able to find, she is able to find, she is able to find,” and the victim’s her her her her her her her her her her her her her her her her her her herth herth herth herst herth herth herth herth herst herth herst herst herth herst herst herth herst herth herth herst her
Accordingly, the defendant committed an indecent act against the victim who is under 13 years of age.
Summary of Evidence
1. Two copies of the statement in court records (victims and stenographic records) of the defendant and the victim video recording CDs;
1. Protocols of seizure and list of seizure (Evidence Nos. 70, 71);
1. Application of Acts and subordinate statutes in one copy of CCTV CD photographs, CCTV CDs, written opinions of experts in the case of picture, receipt, and child sexual assault;
1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with prison labor;
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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. A disclosure order or notification order under Article 49 (1) 1 or 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Determination as to the assertion by the accused and the defense counsel under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3(1) of the Act
1. The summary of the Defendant’s assertion is that the victim’s shoulder was broken, but there is no fact that the victim was her mar.
2. When determining the credibility of a statement made by an investigating agency by a child victimized by sexual harassment in the relevant legal principles is submitted as evidence, the case of a child.