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 April 18, 2016, at around 19:58, the Defendant discovered that the victim F (n, 12 years of age) is extracted from the private village with the development of the private village and accessed the victim.
After being pushed ahead of the victim's right, the defendant got out of the victim's right hand, led the victim's right hand to have the part of the victim's sexual hand over the part of the defendant's hand.
Therefore, the Defendant, who had the victim deducteds the Defendant’s losses, made the victim use of KRW 1,00 as game costs while making the victim take 1,00, and then got off the victim’s left side of the victim who extracted the money with the money, and the victim’s her tacks the victim’s her tack, and got off the left part of the left bucks.
As above, the Defendant forcedly committed an indecent act against a minor under 13 years of age.
Summary of Evidence
1. Defendant's legal statement;
1. Records of statements;
1. The actual condition survey report;
1. Application of Acts and subordinate statutes to investigation reports (Attachment of ctV images and photographs at the scene of the 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. Article 55 (1) 3 of the Criminal Act
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Registration of personal information of the Defendant under 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 (i.e., the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of recidivism, circumstances leading to the instant crime, details of the instant crime, benefits and preventive effects expected by the instant disclosure order or notification order, disadvantages and side effects therefrom, etc.).