성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
Defendant (the age of 14 at the time of the instant case) is between the victim C (the age of 11 at the time of the instant case) and the first time of the instant case.
On April 11, 2010, at around 13:30, the Defendant reported the victim of coal in the elevator 202 Dong-dong 1, Bupyeong-gu, Incheon, Bupyeong-gu Da apartment 202, the location of the elevator, and told the victim “short-to-short”, but the door was closed as it is, and the elevator shuts down on three floors as soon as possible by using stairs where the elevator strings, the Defendant stopped, and let the victim get off, “I want to smoke, and I am see you see it,” and then, the Defendant carried the victim into the stairs between the five and the six floors of the above apartment.
In addition, the defendant is seated with the victim at that place, and the victim "I am the same pet as I am and friend."
B. I wish to be a Hearr.
“Along with the talking of “A”, the chest of the victim was satisfyed by the victim’s own finger, and continued to be satisfyed one time by hand on the part of the victim.
Accordingly, the defendant committed an indecent act against the victim under 13 years of age.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to each gene appraisal document;
1. Article 8-2(3) of the relevant Act and Article 298 of the Criminal Act regarding criminal facts and the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; hereinafter “Special Act on the Punishment, etc. of Sexual Crimes”); Article 8-2(3) of the Addenda of the same Act; Article 298 of the Criminal Act: Provided, That the upper limit of punishment shall be governed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010).
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the grounds for sentencing).
1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds of the following sentencing):
1. An order to attend a course;