아동ㆍ청소년의성보호에관한법률위반(강제추행)
A defendant shall be punished by imprisonment for one year.
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 June 1, 2016, around 23:30, the Defendant discovered the victim E (one-one, six years of age) who called the phone call before the Do reading room in Bupyeong-gu, Sincheon-si C, and tried to use the victim's hand, as the Defendant refused from the victim, to attract the victim's hand, and to punish both arms.
As a result, the defendant committed an indecent act against the victim who is a child or juvenile.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of E;
1. Application of statutes, such as site photographs;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;
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. The main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse (where a conviction becomes final and conclusive with respect to the criminal facts indicated in the judgment on the registration of personal information of a defendant, taking into account the following circumstances: the defendant’s age, occupation, social relation, type and motive of the crime, the process and consequence of the crime, whether or not the same kind of power exists, the risk of recidivism, the degree of disadvantage and anticipated side effects of the defendant due to the disclosure and notification order, and the comparative balancing between the effects of the sexual crime subject to registration and expected profits, 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.