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 October 31, 2012, around 15:30 on October 31, 2012, the Defendant, at the 111-dong playground, considered that the victim D (e.g., age 7) is playing in the play place in the play place under the influence of alcohol, and had the victim’s arms attached.
Therefore, the defendant saw the victim's face in the aftermath of the victim, and commits an indecent act by using the victim's face and head several times with the hand floor.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (victim's DNA statements);
1. Application of Acts and subordinate statutes governing recording records;
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 (see, e.g., favorable circumstances as seen below):
1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances, etc. as follows):
1. Where this judgment becomes final and conclusive on the registration of personal information under Article 16(2), (3), and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of
However, considering that it is difficult to readily conclude that the Defendant voluntarily recognized the instant crime and reflects the depth of the instant crime, the intent of the victim and his parents who do not want the Defendant’s punishment, and other factors such as the Defendant’s age, occupation, background of the instant crime, disclosure order or notification order, there is a special circumstance that may not disclose the Defendant’s personal information, given that the Defendant’s personal information may not be disclosed.