미성년자의제유사강간
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 12, 2019, the Defendant promised to have a sexual intercourse through the victim B (the name, the 12 years of age) and the “Twitter” Meet application. On January 14, 2019, around 12:30 on January 14, 2019, the Defendant left the victim in front of the said commercial commercial building, and inserted his/her sexual organ into the victim’s resistance.
Accordingly, the defendant committed an act of inserting a sexual organ into the victim's resistance under 13 years of age.
Summary of Evidence
1. Application of Acts and subordinate statutes to a photographic by a victim’s stenographic record, written opinion on the statement made by the police concerning the defendant’s legal statement B, which the victim received in Twitter;
1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 16622, Nov. 26, 2019); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3 (1) of the Act on Welfare of Persons with Disabilities
1. The proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); and it is difficult to readily conclude that there exists the risk of recidivism or recidivism of sexual assault in light of the circumstances and details of the crime.
In addition, the defendant's age, environment, motive and method of crime, the degree and anticipated side effects of the defendant's disadvantage due to the disclosure and notification order, the prevention of sexual crimes subject to registration, and the effect of protecting the victim.