성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Punishment of the crime
Defendant
In addition, around 18:00 on October 22, 2013, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") discovered the victim D (10 years old), the victim E (11 years old), the victim F (nive, nine years old), and the victim F (nive, nine years old), who was walking at the vicinity of the bus stops in the bus stops located in the Gyeyang-gu, Seocho-gu, Chungcheongnam-gu, Seoul Special Metropolitan City.
피고인은 F에게 다가가 손으로 어깨를 툭 치며 “돈 줄 테니까 나랑 얘기하자”라고 말하였다.
When the Defendant avoided the Defendant, the Defendant called “D, aground, hicking D with D’s shoulder,” and called “D’s side hacks D’s hacks,” and “W’s hacks D’s side hacks h’s h’, in hand, with the Defendant’s refusal to do so, 3 to 4 times.”
피고인은 D이 자신을 피하자 재차 F에게 다가갔으나 F이 E의 뒤로 숨자 E의 어깨에 팔을 얹고 귓속말로 “돈 줄 테니까 나랑 얘기 좀 하자”라고 말하며 다른 손으로 허벅지를 만졌다.
Accordingly, the Defendant committed an indecent act by force against the minors under the age of 13 by force.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness G and H;
1. Statements made by the victims of each video recording CD and stenographic records of each protocol;
1. Each expert's written opinion;
1. Each investigation report (including the number 5, 9, 24 and each accompanying document).
1. Application of Acts and subordinate statutes to report internal investigation (referring to comparison of photographs of victims with other suspects);
1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning the facts constituting an offense and the selection of a sentence;
1. Of concurrent crimes, an aggravated punishment for concurrent crimes provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims E with the largest penalty)
1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;