성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
A defendant shall be punished by imprisonment for not less than three years and six months.
The defendant shall complete 80 hours of sexual assault treatment program.
Punishment of the crime
The Defendant, along with the victim D’s words F, was about five years ago before the victim D’s mother E, and was aware of each other while conducting the auction of the Suhyup Cooperative Joint Wholesale Market, and the victim of peace was the victim of peace, and was well aware of each other.
On October 3, 2013, around 16:40, the Defendant met the victim, etc. from a lot in the Dong-dong-dong-dong-dong-dong-dong-dong-dong, and E/F was getting on and off the car of E/F, and only the victim was put into the house of the victim.
The Defendant used the aforementioned E-car from the night to the scene to use the remaining condition with the victim of the deceased, thereby attempting the victim to force indecent acts by force, and ordered the victim to “string off.”
However, when the victim refuses to do so, the defendant forced the victim's left hand on his own hand and forced the victim to wear his sexual organ on the clothes, and committed an indecent act in such a way that he continuously opens a stove and takes the sexual organ on the part of the victim's left hand.
Accordingly, the defendant committed indecent acts by compulsion against the victim under 13 years of age.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of statutes governing stenographic records;
1. Article 7 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning the facts constituting an offense;
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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Where a conviction becomes final and conclusive on the instant crime against the Defendant who has registered personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant shall be subject to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.