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 this judgment becomes final and conclusive.
Punishment of the crime
1. In the second half of 2011, the Defendant discovered the victim C(the age of 10 at that time) with intellectual disability 3, which was playing in the field at the marc branch school located in the settlement of the maternity in the middle of 2011, and tried to force the victim to force by force. The Defendant sent the victim to an outdoor male toilet with no sex and panty, and sent the Defendant’s panty to the victim’s sexual organ, and sent it to the victim’s sexual organ.
Accordingly, the defendant committed indecent acts by force against the victim under 13 years of age by using that victim was unable to resist due to mental disability.
2. After the date and time stated in Paragraph 1, the Defendant sent the above victim to an outdoor male toilet with no way at the same place as Paragraph 1, which was lower than the second half of 2011, and sent the Defendant’s fry and panty to the victim, and had the Defendant fry and panty sty sty sty sty sty ssty sty s
Accordingly, the defendant committed indecent acts by force against the victim under 13 years of age by using that victim was unable to resist due to mental disability.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of the victim and the statement of the victim recorded in the video CD;
1. Application of Acts and subordinate statutes, including reports on internal investigation (the confirmation of the damaged place and the attachment of photographs, the confirmation of the victim's relative suspect's photograph, the place of damage to the victim, the background of damage, the location of the residence, diagnosis of the disabled of the victim C, a certificate of the disabled, a certified copy of resident registration, the attachment of a family relation certificate, and the details of the first preparation
1. Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts, Article 298 of the Criminal Act (a point of indecent act by compulsion against minors under the age of 13), Article 6 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11088, Nov. 17, 201) and Article 298 of the Criminal Act (a point of indecent act by compulsion against the disabled)
1. Commercial concurrence;