beta
(영문) 청주지방법원 제천지원 2019.02.14 2018고합53

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for three years.

Disclosure and notification of information on the accused for five years.

(b) the defendant;

Reasons

Punishment of the crime

【Criminal Power】 On July 6, 2017, the Defendant was sentenced to one year to imprisonment for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse in the Cheongju District Court’s Support, and completed the execution of the sentence at the Chungcheong House on May 25, 2018.

【Criminal Facts】 The Defendant committed each of the following crimes under the circumstances where he/she lacks the ability to discern things or make decisions due to Grade I and Grade II of intellectual disability:

1. A crime committed against the victim B (a person, 10 years of age);

A. On September 16, 2018, the Defendant: (a) around 16:00 on September 1, 2018, around D elementary school located in Seocheon-si C; (b) completed school lessons; (c) held the victims home, and forced them to commit an indecent act; and (d) held the victim’s breast part of the victim’s chest with the victim’s own loss once.

B. On October 2018, between 15:00 and 16:00, the Defendant: (a) reported the victims returning to Korea at the places indicated in paragraph (a) of Article 1; (b) completed school lessons; and (c) held the victims with the mind of committing an indecent act by force; and (d) made the victim’s breast part of the victim’s chest with the victim’s own hand.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

2. On October 22, 2018, around 16:15, the Defendant committed a crime against the victim E (one-year-old, one-year-old) committed a crime: around 16:15, at the place described in paragraph (a) of Article 1; the attending school classes; the victim who had returned to school classes; and the victim was forced to commit an indecent act by reporting the victim, and the victim’s chest was sent to the victim’s chest with the victim’s own hand.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Each legal statement of witness F, B, G, and H;

1. Each statement recorded CD and stenographic record in relation to the victim E and B;

1. Each police statement concerning B and G;

1. CCTV images, CDs and other closure photographs;

1. Previous records: Judgment on the assertion of the defendant and his/her defense counsel on criminal records, correspondence records by individuals, investigation reports (Attachment to the same type of sex offense records, etc.);

1. The victims of the assertion were forced to commit indecent acts.