성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
1. The defendant shall be punished by imprisonment for three years;
However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.
Criminal facts
Defendant
In addition, the person subject to the request for attachment order (hereinafter referred to as the "defendant") is a person who is a certified public appraiser in the name of "E" in Seo-gu, Gwangju Metropolitan City.
On April 27, 2013, in order to execute the appraisal order of the real estate auction case (F) around P.M., the Defendant found the housing subject to the assessment (G. in the Mine-gu mine area). On the other hand, the Defendant considered the victim H (10 years of age) who is his/her father or descendant.
On April 28, 2013, in order to conduct the above appraisal on or around the o'clock, the Defendant was faced with the victim while walking along the paths from a farming channel behind the said house, and the victim was in accordance with the Defendant until the human resources located behind the said house were unfolded.
The defendant is approaching the victim as a good, and rhym the victim's head is used, and the defendant's hand is stored as a part of the victim's body, and the defendant's chest is stored, and the victim's hand is stored, and the defendant's hand is collected on both sides of the victim's hand, and iced the victim.
Then, the defendant, after opening his/her brotoer, demanded that the victim be delivered, but the victim refused it, brought the victim's hand to forced him/her, brought him/her into the victim's sexual flag, brought him/her into the victim's sexual organ, brought him/her into the victim's hand, brought him/her to the victim's sexual organ, brought him/her into the victim's hand, and followed the victim's negative part above the victim's panty.
Accordingly, the defendant committed an indecent act on the part of the victim who is under 13 years of age.
Summary of Evidence
1. Partial statement of the defendant;
1. Each prosecutor's statement to I and J;
1. Judgment on the defense counsel's assertion in the recording book (police statement of H)
1. The gist of the assertion is an act that does not constitute an indecent act or committed an indecent act without the intent to commit an indecent act, with the exception of the act that the defendant brought about the victim's hands and brought about to the Defendant's sexual flag.
2. The crime of indecent act by compulsion is committed.