성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 20, 2013, the Defendant discovered the victim D(11 years of age, n) who had a stable in the vicinity of the Yandong-gu, Ansan-gu, Ansan-si, Simsan-si apartment, asked the victim as “I will see whether there is any string in South and North Korea.” The Defendant discovered that the victim had a stable while moving to another place and the victim was married with the string, and that the victim would knee end in the victim’s knee, and said, “I want to see that I will knee in South and North Korea.”
Accordingly, the defendant committed an indecent act against the victim under 13 years of age.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statements of each prosecutor's office and police interrogation protocol of the accused;
1. The statement made by the victim in D in the victim's video CDs;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Article 7 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;
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 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Determination as to the assertion by the Defendant and the defense counsel under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012), the main text of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse
1. The summary of the argument is the fact that the defendant asked the victim "I wish to see whether I will see South Korea?" by holding the victim as "I wish to do so," standing on the date, time, place, adjacent to the bench, and asked the victim "I will see that I will see South Korea?" and there is no fact that I am kne end of the victim's knee next to the bench, and the victim did not indecent act by compulsion.
2. We examine the judgment, as well as evidence of guilt.