미성년자의제강제추행
Defendant
A Imprisonment with prison labor for two years and for four years, respectively.
However, this judgment is delivered to the defendant A.
Criminal facts
1. At around 16:00 on September 20, 2014, Defendant A committed an indecent act by having the victim F (the 12-year old age) knee and knee in the Defendant’s home located in the Defendant’s knee, leaving the Defendant’s knebbbs, leaving the Defendant’s knebs, leaving the Defendant’s knebs, having the victim kne in his knebs, leaving the Defendant’s knes, and having the victim kne in his knes, showing the negative part of the Defendant’s knes, and having the victim knebs in his knes and knes, leading the Defendant to the Defendant’s knes on his kbs, and committing an indecent act on October 16:00, 2014.
2. 피고인 B 피고인 겸 피부착명령청구자(이하 ‘피고인’이라 한다)는 2014. 10. 하순경 제1항의 장소에서 “하지 말라”라고 말하여 거부하는 피해자 F(여, 12세)의 바지와 팬티를 강제로 벗기고 피해자의 음부를 핥아 위력으로 피해자를 추행하고, 2014. 11. 초순경 같은 장소에서 같은 방법으로 피해자를 위력으로 추행하였다.
Summary of Evidence
1. Defendant A’s legal statement, Defendant B’s partial legal statement
1. Legal statement of witness F;
1. Application of F’s video recording-related Acts and subordinate statutes contained in each CD;
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Articles 305 and 298 of the Criminal Act (a)
(b) Defendant B: Article 7(5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of committing an indecent act by a minor under the age of 13 and choice of imprisonment);
1. Aggravation for concurrent crimes;
(a) Defendant A: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the weight of concurrent crimes with the punishment prescribed in the crime of indecent act by compulsion by force on October 20, 2014, which is heavier than the circumstances of a crime)
B. Defendant B: The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are heavier, and the first police officer on November 2014.