성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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 of the final judgment.
Punishment of the crime
[Basic Facts] From June 2015 to January 1, 2016, the Defendant was living together with the victim C’s father’s mother-child home, and was living together with the victim.
The Defendant, except Sundays 20:00 to 21:00 each day for the operation of the car page, had the victim attend work at the end of 20:0 and 21:00 so that the victim will be able to commit an indecent act on the part of the victim.
【Criminal Facts】
1. On July 2015, the Defendant violated the Act on Special Cases Concerning the Punishment of Sexual Crimes (a indecent act by force of minors under the age of 13) demanded that the victim C (a person aged 12, female) go home at the seat of Busan Shipping, Daegu E Apartment from 101 to 00 on the first day of July 2015, despite the victim’s demand that the victim be called “herb in the ward”, the victim’s body would be neglected, and she would be able to use the victim’s body by two descendants, and even if the victim expressed his/her intent to refuse to move by cutting off the Defendant’s shoulder with his/her hand, the victim was unable to use it in a canter and use it as a part of the victim’s hand.
Accordingly, the defendant committed an indecent act by force against a minor victim under 13 years of age.
2. The Defendant violated the Act on Special Cases Concerning the Punishment of Sexual Crimes (a minor, quasi-act by compulsion of force) committed on July 1, 2015, around 04:00 on the first day, and around 04:0 on July 1, 2015, in a place indicated in paragraph (1) and inside a locked victim’s inner part of the victim to gather his/her fingers, store his/her breasts, and store other grandchildren into the clothes of the locked victim.
Accordingly, the defendant committed indecent act against the minor victim under 13 years of age by taking advantage of the state of mental or physical disability or inability to resist.
3. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;
A. On September 2015, the Defendant confirmed the monarche point in the place indicated in paragraph 1. at around 23:00, in which the victim who reported TV (13 years old) was located.