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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The Defendant committed the crime around April 2012, 2012: (a) the victim D (it appears that the age of 11 written indictment of the age of 10 is a clerical error, and thus ex officio correction is made) who was locked in a way that the victim’s mother under C Housing C, C, 201 of the same 201, was pregnant by the victim’s mother, thereby taking advantage of the gaps in the house.
The chest and the baby of the victim were leaked to the victim.
Accordingly, the defendant committed an indecent act against a minor under the age of 13 by taking advantage of the victim's resistance impossible condition.
2. In 2014, the Defendant committed the crime, the third floor of E and Multi-household Housing in the 2014, where the victim’s friendly mother was locked in the way of taking advantage of the cresh in which the victim’s friendly mother was fluord in the victim’s house (the age of 12 at the time), followed by the victim’s chest, and the victim’s chest was spanty, and the victim’s finger was fluored by inserting the hand into panty.
Accordingly, the defendant committed an indecent act against a minor under the age of 13 by taking advantage of the victim's resistance impossible condition.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Relevant legal provisions on criminal facts and Articles 7(4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 1156, Dec. 18, 2012); Article 299 of the Criminal Act (amended by Act No. 11556, Apr. 18, 2012); Article 7(4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 299 of the Criminal Act (amended by Act No. 11556, Dec. 18, 2012); Article 299 of the Criminal Act (the indecent act committed by a minor under the age of 13; the choice of imprisonment); and the choice of punishment)
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment of Concurrent Crimes (Aggravated Punishment of Minors under 13 years of age)];
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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Order to attend a course;