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
On June 11, 2016, at around 10:00, the Defendant, on the street on the bicycle lane located in Songpa-gu Seoul Metropolitan Government, expressed that the victim E (Nam and 11 years of age) was willing to engage in an indecent act in purchasing goods open to the above place, and that it was “low” going out from the Defendant’s hand, with a view to committing an indecent act. The Defendant, on the street of the bicycle lane located in Songpa-gu Seoul Metropolitan Government, had the victim look back to the Defendant’s hand, and had the Defendant use the victim’s sexual organ as the clothes.
The defendant continued to flee immediately after the indecent act and again passed ahead of the victim, and the victim was hickly hicked by the victim, and the victim was hickly hicked by both descendants.
Accordingly, the defendant committed an indecent act against the victim under 13 years of age.
Summary of Evidence
1. Partial statement of the defendant;
1. The police's video recording CDs against E (victims);
1. A written statement of the F (Investigative Team).
1. The place and photograph of occurrence of the case (in the form of the leading teacher);
1. The victim's picture defendant and his defense counsel acknowledged the fact that the defendant saw the victim's sexual organ as she is using the victim's sexual organ as clothes, but they did not commit an indecent act, and although there was a fact that the victim saw the victim's chest in his/her hands, the victim's chest does not stand in his/her hands.
However, it is recognized that the victim's statement, such as the facts stated in the judgment, clearly describe the method of crime of the defendant, the defendant's partial statement conforms to the above part of the victim's above statement, the expert evaluation result also states his/her empirical fact true, and the victim cannot find any circumstances that make it difficult for the defendant to find out by exaggeration of the fact of damage.
In addition, the defendant's judgment is sufficient to make the general public's appraisal of sexual humiliation and hate in view of the objective.