아동ㆍ청소년의성보호에관한법률위반(강제추행)등
A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around 22:50 on June 6, 2014, the Defendant discovered that the victim E (E and 10 years of age) is playing while drinking water in the air conditioners of the D male bath in Cheongju-si, Cheongju-si, and that he met his sexual organ with his hand, and the victim went out of the play, went back to the rest and re-enters his sexual organ, and led him to the water speed.
Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age.
2. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) approaches the victim FF (mama, 13 years of age) who had continued to be located therein, satisfy his/her head at hand, satisfys his/her sexual organ at hand, and satisfys his/her sexual organ at hand by approaching the Defendant, approaching G (ma, 13 years of age) at a cooling ground, and satisfys his/her sexual organ and chest in his/her hands, and continuously approaching the victim H (ma, 13 years of age), and satisfys his/her sexual organ at his/her hand.
Accordingly, the defendant forced victims who are children and juveniles to commit indecent acts.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol of statement to E, G, F, and H
1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes on Criminal Facts, Article 298 of the Criminal Act (the occupation of indecent acts by compulsion of minors under the age of 13 and the choice of imprisonment), Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act;
1. From among concurrent crimes, an aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with the largest punishment (13 years of age);
1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 of the Criminal Act: