성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
A defendant shall be punished by imprisonment for not less than two years and six months.
To order the defendant to complete a sexual assault treatment program for 40 hours.
Punishment of the crime
On April 29, 2017, the Defendant: (a) around 16:40 on April 29, 2017, around the street in front of the management office of the apartment complex in Gwangju North-gu, Gwangju; (b) stated that the Defendant would cut a bicycle to the victim D (age 9).
After the victim's access, "I am the same as the opening of Bak-kak," the victim's own finger, followed by the victim's own finger, committed an indecent act against the victim by using the victim's negative part twice above.
Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.
Summary of Evidence
1. Partial statement of the defendant;
1. The statement made by the victim in D in a video CD;
1. Records of statements made by victims;
1. Each statement of D, E, F, and G;
1. Each investigation report (including the documents attached Nos. 3, 14, and 14 of the evidence list) / The defendant and his defense counsel had no intention to commit an indecent act against the victim at the time of committing the crime in this case
The argument is asserted.
In other words, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., the victim seems to have been open to the investigative agency by the defendant.
under section 2 below the upper part of his own sound with Gap's own fingers.
A clearly stated that the defendant himself/herself has committed such act, and ② the defendant argued that he/she was only in the process of informing him/her of the fact that he/she was aware of the victim's fear of spreading, but the victim was suffering from the absence at the time, but he/she appears to have a certain degree of impediment to recognition function, but according to the result of mental appraisal, the above argument is difficult to believe, and ③ even if not, there is only the perception that the intention of the forced indecent act of this case is only a negative part of the victim, and its intent is established. Thus, the defendant's assertion is asserted.