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 four years from the date this judgment becomes final and conclusive.
Punishment of the crime
On February 18, 2020, around 08:10, the Defendant discovered the victim C (tentative name, leisure, 8 years old) who is waiting to be mixed, and attempted to commit an indecent act against the victim, in order to let the elevator between the 17th and the 18th floor in front of the dwelling space B 17th floor at Sinpo City.
Accordingly, the Defendant made a set pattern by raising the hand on his head, and made the victim “love, several slaughters,” and the Defendant sent the victim the answer “three-year Bag” to the victim, “I kis the victim’s own view, and kis the victim kis and kis the victim’s hand kis, and kis the victim’s hand kis, kis the victim’s hand kis, and kis the victim’s right kis, and kis the victim’s right kis.”
Accordingly, the defendant committed an indecent act against a child under 13 years of age.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the victim’s video CD-related Acts and subordinate statutes;
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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The main sentence of Article 49 (1) 1 and the main sentence of Article 50 (1) 1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019);
1. Where a conviction of a criminal fact indicated in the judgment on the registration of personal information of a child or juvenile subject to employment restriction order (Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse;