아동ㆍ청소년의성보호에관한법률위반(유사성행위)
The imprisonment with prison labor for the accused shall be two and a half years and six months.
For the accused, sexual assault treatment program for 80 hours.
Punishment of the crime
From around 04:50 on May 2, 2015 to around 05:20, the Defendant: (a) on the street in front of the Buan-gun; (b) on the street, the victim D, alone, took the appearance that the victim D her walked, and prevented the victim from resisting by pushing ahead with the alley wall on the above street, resulting in a net sexual desire for sexual intercourse; and (c) on the part of the victim, the Defendant forced the victim to dance and collect his hand into the inner clothes of the victim; (d) the victim her fingers his finger by gathering his finger; and (e) the victim her fingers with the victim’s fingers and her fingers, and (e) the victim her fingers with the victim’s chests.
Accordingly, the defendant committed similar acts to the victim who is a child or juvenile.
Summary of Evidence
1. Defendant's legal statement;
1. Stenographic records on D;
1. On-site photographs, CCTV images;
1. Application of Acts and subordinate statutes to each gene appraisal statement;
1. Article 7 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against criminal facts;
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. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. 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: In full view of the Defendant’s age, family environment, social relationship, criminal records and the risk of recidivism (not having criminal record), the Defendant’s order to improve his/her character and conduct at the same time, and the benefits and preventive effects expected from the instant order or notice order, and the disadvantages and side effects therefrom, the disclosure and notice of the Defendant’s personal information should not be made.
Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the defendant is subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.