성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
1. The defendant shall be punished by imprisonment for a period of two years and six months;
2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;
Punishment of the crime
The Defendant, as a person who operates a book lending store with the trade name “D” in Jeonju-si Seoul Metropolitan City, was willing to commit an indecent act against the victim E (the age of 11) by advertising that the victim E (the age of 11) visits every day without accompanying the guardian.
1. On April 3, 2013, the Defendant committed an indecent act by force against the victim under 13 years of age by deceiving the victim’s grandchildren and taking the victim’s legs by selling at the above book lending store.
2. On April 4, 2013, the Defendant committed an indecent act by coercion against the victim under 13 years of age by deceiving the victim’s grandchildren and hysium, and putting the victim’s legs in arms at the above island lending store.
3. On April 6, 2013, the Defendant forced the victim under 13 years of age from the above book lending store to commit an indecent act by force.
4. 피고인은 2013. 4. 7.경 위 도서 대여점에서 책을 고르는 피해자의 옆에 서서 피해자의 손을 만지고 피해자를 끌어안아 피고인의 무릎에 앉힌 다음 피해자를 껴안고 피고인의 볼을 피해자의 볼에 비빈 후 혀를 피해자의 입에 집어넣기 위하여 혀로 피해자의 입술과 치아를 핥은 다음 계속하여 피해자를 껴안고 피해자의 목 뒤로 옷 속에 손을 집어넣어 피해자의 목과 등 부위를 만져 13세 미만인 피해자를 강제로 추행하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of statutes to professional opinions of child abuse cases against children with disabilities;
1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment of such crimes;
1. Of concurrent crimes, an aggravated punishment as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (13 years of age) as of April 7, 2013 with the largest punishment and criminal status);
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.