성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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
On November 2, 2016, around 12:20, the Defendant committed an indecent act on the part of the victim D (FF) on the side of the victim D on the top of the victim D (FF, November 2005, 10, 10 years old), and rhym the victim's left part on the lower part, and rhym the victim's left part on the lower part, and rhym the victim's left part by taking the victim's left hand on the upper part, and by making the victim's left hand on the part of the defendant and contact the Defendant's sex.
Accordingly, the defendant committed an indecent act against a minor under 13 years of age.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of statutes governing stenographic records of the Gwangju Sea Center;
1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;
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. A special circumstance in which a defendant may not disclose or notify personal information to the public, if he/she comprehensively takes into account the extent and expected side effects of the defendant's disadvantage due to an order to disclose or notify information, the preventive effect of a sexual crime subject to registration that may be achieved due to such order, the effect of preventing sexual crimes subject to registration, and the effect of protecting the victim from such sexual crime subject to registration, etc., as well as the fact that the defendant has no history of a sexual crime against the defendant;
The reason for sentencing
1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;
2. Type 3 (Special Sentencing) is not subject to punishment (special Sentencing factors) of the type of sex offense subject to the age of 13.