아동ㆍ청소년의성보호에관한법률위반(위계등추행)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Criminal facts
At around 04:00 on June 13, 2013, the Defendant, while staying home with the Victim C (18 years of age, in and around that time, she told the victim to the effect that “the victim” was “the victim,” and she was able to take a bath at the Emoto 202 level in Do-si D with the victim, with the victim, while she was able to take a bath at the same time with the victim, he she saw the victim as she was able to take care of the second floor of Emoto 202 in Do-si, Do-si, while she expressed his/her intention to “the victim would not do so . Do,” and she committed an indecent act against the victim, who was a child or juvenile, by force.
Summary of Evidence
1. Defendant's legal statement;
1. The defendant and his defense counsel's assertion about C's written statement of the police, the defendant and his defense counsel asserted that the defendant was in a state of mental disorder because he had no memory under the influence of alcohol at the time of the crime of this case. Thus, according to the evidence adopted and investigated by the court, the defendant's drinking to some extent at the time of the crime of this case is acknowledged, but he is aware of the fact, and in light of various circumstances, such as the circumstance of the crime of this case, the behavior of the defendant before and after the crime of this case, and the defendant's statement to some extent, it cannot be deemed that the defendant lacks the ability to discern things or make decisions at the time of the crime of this case
Application of Statutes
1. Article 7(5) and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. A sex offense against a criminal defendant exempt from disclosure and notification orders, under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;