성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
A defendant shall be punished by imprisonment for not less than two years 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
The Defendant is a person who operates a "D" convenience store on the first floor of Songpa-gu apartment 403 Dong, Songpa-gu.
On November 1, 2015, at the convenience store 15:00 on the first or second order of November 2015, the Defendant asked the victim E (the victim E (here, 10 years of age) who was inside a flat to die, and asked the victim’s tethrts to refer the victim’s tethrt “hye” character on the chest of the chest, and “after one met,” and “after one met,” the Defendant heard the victim’s answer, “hye”, “hye.”, the Defendant took the victim’s hand at the convenience store, took the victim’s seat at the convenience store, took the victim’s seat at the convenience store, made it impossible to resist the victim by using one arms behind the victim, and made the victim’s chest’s chest not able to resist the victim by another hand.
Accordingly, the defendant committed an indecent act by force against a person under 13 years of age.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. G statements;
1. Each report on internal investigation (the details of the person under suspicion, including the preparation of a letter of questionnaire attached thereto, etc.);
1. Each investigation report (Attachment of photographs and photographs of convenience stores suffered by the victim at the time of damage);
1. Application of Acts and subordinate statutes to literatures after the sound recording program, professional opinions on child sexual assault incidents, statement recorded CDs, convenience store photographs;
1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Probation Orders and
1. The defendant under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;