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 of the final judgment.
Punishment of the crime
The Defendant was a driver of shuttle bus 2nd F operated in the comprehensive sports facility E-sports complex in Seongbuk-gu, Sungnam-si.
On June 23, 2014, the Defendant driven the instant shuttle bus around 19:30 on June 23, 2014, and was stopped in the vicinity of the bus stops in the vicinity of the bus stops in front of the 4 complex in the area of the Shinnam-si, Sungnam-si, and committed an indecent act by force against minors under the age of 13, who were on the left side of the victim G (V, the age of 9) who was on the right side of the driver's seat to get out of the said shuttle bus.
Summary of Evidence
1. Defendant's legal statement;
1. Records of statements of victims;
1. Investigation report (on the site of the case and other related persons' search), investigation report (on the part of the victim's statement analysis expert report);
1. Application of Acts and subordinate statutes to field drugs;
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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The reason for sentencing in light of the following: (a) 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 (the criminal records, the background and attitudes of the crime, the circumstances after the crime, the circumstances after the crime, the registration of personal information, and the effect of recidivism prevention to a certain extent from taking lectures in the sexual assault treatment course as stated in the records of this case; and (b) the Defendant’s age, health status, the benefits and effects expected from the disclosure or notification order, and the disadvantages and side effects that the Defendant suffers, etc., the Defendant’s personal information shall not be disclosed or notified.)
1. The scope of punishment by law: