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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On April 2015, the Defendant: (a) on April 1, 2015, around 17:00 as of the lower end of April 2015, 2015, after completing shower in E located in Chungcheongnam-nam budget-gun, the Defendant told F (the age 12) that he was able to take a bath; and (b) followed the victim who gets out of the said health club stairs, she called “Iber kis kis” and kis the victim’s kis.
2. On May 1, 2015, the Defendant: (a) around 17:00 on May 1, 2015, around the first and second floors of E E-2 and third floors, she laid the above stairs in his/her hand; and (b) she was faced with the victim’s view after he/she took the victim’s view in his/her hand.
3. On May 2015, the Defendant, around 17:00 on May 1, 2015, told the victim before the 3rd floor entrance of the above E Eth floor, saying the victim kisscing “kiscing” and kiscing the victim into the victim’s entrance.
4. Around June 23, 2015, the Defendant committed a crime: (a) around 20:55 on June 23, 2015, the Defendant: (b) reported the victim’s entry into the cash withdrawal sprink around the Y located in Chungcheongnam-nam Budget Group G; (c) followed the victim, and (d) carried the victim into the cash withdrawal sprink; and (c) forced the victim to take the arms of the victim intending to leave the sprink; and (d) committed an indecent act by force against the victim in compliance with forced entering the sprink.
Accordingly, the defendant committed an indecent act by force against a minor victim under 13 years of age.
Summary of Evidence
1. Partial statement of the defendant;
1. Examination protocol of the accused by prosecution;
1. Statement of the police officer to I;
1. Stenographic records;
1. A written opinion of an expert on sexual assault against children with disabilities;
1. Application of CCTV image photograph Acts and subordinate statutes;
1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Article 298 of the Criminal Act;
1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Criminal Act shall be applicable to the punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on June 23, 2015 (a punishment prescribed by minor indecent acts under thirteen years of age);