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 March 10, 2016, around 16:00, the Defendant, while drinking alcohol in the house room of the victim D (Inn, 11 years of age) located in Seo-gu Incheon, Seo-gu, Incheon, took charge of the victim's shoulder, fluoring the victim's shoulder, and fluoring the victim's shoulder, and fluoring the victim's hand into the victim's clothes.
Accordingly, the defendant committed an indecent act against the victim under 13 years of age.
Summary of Evidence
1. Defendant's legal statement;
1. Stenographic records of the police against D;
1. A copy of the report on an indecent act in sex at an elementary school, a copy of text messages, a victim's picture, and field photograph;
1. Application of Acts and subordinate statutes to report the occurrence of a sexual crime;
1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning 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 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Where a conviction becomes final and conclusive with respect to a crime subject to registration of personal information under the main sentence of Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant falls under a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the submission of personal information to the competent agency pursuant to Article 43
The defendant exempted from the disclosure order and notification order has no record of criminal punishment for sexual crimes, the crime of this case is not a sexual crime against many unspecified persons, the registration of personal information and participation in the sexual assault treatment lecture alone seems to have considerable effect on preventing recidivism of the defendant. In addition, in light of all circumstances, such as the defendant's age, family environment, social relationship, etc., the disclosure order will be disadvantageous to the defendant due to the disclosure notification order.