A defendant shall be punished by imprisonment for not less than eight months.

Criminal facts

On October 10, 2012, around 00:30 on October 10, 2012, the Defendant parked the Defendant’s Drocketing car in the vicinity of the access road to Jincheon-gun, Jincheon-gun, and discovered the victim E (the age of 16) who is a juvenile who is going behind the Defendant’s driver’s seat while sitting in the said car, and tried to commit an indecent act against the victim in a timely manner. On the other hand, the Defendant got off the victim’s arms by leading the victim’s arms, and put the son into the victim’s kbbbbbbbs and negative parts.

Accordingly, the defendant committed indecent acts by force against the juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to field medicine maps, CCTV photographs, and investigation reports (specific suspect);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. In a case where a conviction of the instant criminal facts is finalized against the Defendant who registered personal information of this case under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter the following sentencing grounds), the Defendant is a person subject to registration of personal information pursuant to Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, is obligated to submit personal information to a competent agency pursuant to Article 34 of the same Act.

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for six months to fifteen years;

2. Scope of the recommended sentence based on the sentencing guidelines: Imprisonment with prison labor for a period of one year and three months from March to two years (the determination of a type), sexual crime group, general standards, and the crime of indecent act by compulsion (the persons aged 13 or older) in Type II (generally committed indecent act by compulsion by juveniles): A serious reflectivity and no record of criminal punishment (the scope of the recommended punishment): From March to June (the maximum and minimum limits of the sentence shall be mitigated to 1/2).

3. Determination of sentence: The defendant, in eight months of imprisonment, seems to have taken the attitude of reflecting his misunderstanding, and the defendant is under the influence of alcohol.