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 four years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 18, 2018, around 15:30, the Defendant: (a) reported that the victim C (the name, the age of 10) entered the above building toilet, and entered the toilet following the said victim; (b) stated the facts charged as follows: “after correcting the toilet entrance,” but the Defendant asserted that “the toilet entrance was closed,” and that “the victim’s statement that the toilet entrance was not opened well at the time of escape is insufficient to recognize that the Defendant corrected the toilet entrance,” and there is no other evidence to support this.
Therefore, since the defendant's right of defense is not affected, part of the facts charged was modified and stated ex officio as above.
The victim, who gets off the bus and clothes and entered the ballebal partitions, saw the victim out of the balside partitions.
At this point, the Defendant: (a) committed an act of self-defense against the victim’s sexual organ with her sexual organ, and (b) committed an act of self-defense against the victim, and (c) took the victim out of the toilet, and (d) reported the Defendant’s appearance that the victim was unable to open the entrance, while continuing the act of self-defense with his hand, the victim said that “the only time is reduced.”
Accordingly, the Defendant committed indecent act against the victim under 13 years of age by force.
Summary of Evidence
1. The defendant's partial statement in court (the third trial date);
1. Statement made D in the second trial records;
1. Prosecutions of the accused and suspect interrogation records of the police;
1. The statement made by C in the video CD and the stenographic records thereof;
1. E statements;
1. On-site photographs, etc., each photographic recording (Evidence Nos. 5, 7, 12, and 18) of the Defendant and the defense counsel to the effect that “the Defendant did not enter the victim as a toilet at the time of the instant crime.”