성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who has worked as a security guard in an apartment complex where the victim B had resided until April 2019.
1. The Defendant, in the year 2018, 201, sent a 5,000 won in cash to the victim by having the victim B (at that time, 11 years of age) who was engaged in ordinary person in the guard room of Bupyeong-gu, Incheon, Bupyeong-gu, Incheon (Seoul) and entered the guard room, and had the victim seeed as “hick” and seeed in cash.
Accordingly, the defendant committed an indecent act against a child under 13 years of age.
2. On August 12, 2019, the Defendant, at around 11:50 on August 12, 2019, entered the victim B (the age of 12 at that time) who was engaged in personnel affairs of the Defendant, along with his/her friendship in the above apartment guard room, taken the victim B (the age of 12 at that time) into the toilet in the guard room, carried him/her into the toilet in the guard room, and laid down the toilet door and her knick with his/her son’s kickt with his/her face.
Accordingly, the defendant committed an indecent act against a child under 13 years of age.
3. On August 14, 2019, the Defendant committed the crime of August 14, 2019: (a) entered the victim B (the age of 12 at that time) who had personnel on the Defendant at the above apartment guard room into the toilet in the guard room; (b) entered the victim B (the age of 12 at that time) into the toilet in the guard room; and (c) took the victim’s chest into the room in the guard room; and (d) took the victim’s chest into the care of the victim’s chest with his hand, and took the victim’s knife with his
Accordingly, the defendant committed an indecent act against a child under 13 years of age.
Summary of Evidence
1. Defendant's legal statement;
1. Stenographic records;
1. E statements;
1. Report on internal investigation (Analysis of CCTV data at the site of the incident);
1. Application of Acts and subordinate statutes on site photographs
1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with labor;
1. Of concurrent crimes, entry of Article 37 (former part), Article 38 (1) 2, and Article 50 (3) of the Criminal Act shall be the most severe criminal facts;