성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 10, 2008, the Defendant came to front of the Busan Northern apartment on May 20, 2008, and discovered the victim D (12 years of age) entering the apartment entrance into the Busan Northern apartment, tried to commit an indecent act against the victim, and followed the victim. The victim, who was mixed with the elevator, was first listed in the third floor by using the stairs, and the elevator was cut to the third floor, and the elevator on which the victim was on board was on the third floor.
The Defendant, in front of the elevator door, continued to divide the elevator pressing into the front of the elevator door so that the door cannot be closed, and the Defendant met the Defendant’s sexual organ with left hand, and the victim “I would like to speak to the club people,” and “I would like to do so,” and “I would like to do so,” and committed self-defense for about two minutes.
Accordingly, the Defendant committed indecent act against the victim under 13 years of age by force.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A written request for appraisal (for example, No. 88 of the evidence records);
1. Application of statutes on site photographs;
1. Article 8-2 (5) and (3) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Amended by Act No. 9110, Jun. 13, 2008); Article 298 of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010);
1. Article 62 (1) of the Criminal Act on a suspended execution ( considered as favorable circumstances in the rear);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Article 5(1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by December 18, 2012) and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse [Provided, That personal information provided to an order to disclose pursuant to Article 5(7) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by December 18, 2012), is a child or juvenile under the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 9765, Jun. 9, 2009).