성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
The information on the accused shall be disclosed for a period of five years.
A. The lower court’s judgment cannot be maintained as it is on the ground that an employment restriction order under Article 59-3(1) of the revised Act on Welfare of Persons with Disabilities should be issued simultaneously with the conviction of a sex offense case.
3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.
[Grounds for the judgment of multiple times] Criminal facts and the facts constituting the ground for requesting an attachment order [criminal facts] Defendant was sentenced to two years of suspension of the execution of eight months of imprisonment with prison labor in the Jeju District Court on November 2, 2017 due to public performance and obscene crimes, etc., and the sentence becomes final and conclusive on November 10, 2017 and is still under suspension of the execution.
The Defendant, while lacking the ability to discern things or make decisions due to mental or physical disorder caused by exposure, was found to have weak ability to discern things due to exposure, around October 27, 2018, around 15:47: * Dong * at an elementary school to find out the victim B (one year old), who is playing in the same way as her relative at her child at her child at her school, and her child at the victim’s convenience point, and her friend and her child at the back of the school, and her friendbbbbbs and her flicks are seated next to the victim, and her leg is seated between the victim and the her bridge. Even if the victim does not refuse to do so, the Defendant forced the victim to her flick on her bridge, and forced the victim to commit an indecent act as her head and flick part of the victim.
[Judgment of the court below] The Defendant committed a sexual crime against a person under 19 years of age, and the Defendant committed a repeated obscenity act against a child, and the method and tendency of committing an indecent act.