성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
A defendant shall be punished by imprisonment for not less than three years and six months.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Punishment of the crime
On January 2019, when the Defendant was aware of the victim B (the 12-year old age), the Defendant sent the message “the same applicant” using the Messenger around January 2019, and met with the victim.
1. On January 1, 2019, the Defendant: (a) left the victim’s parking zone in the Si/Yacheon-si C parking lot as above; (b) forcedly off the victim’s will to resist; and (c) forced the victim to resist in the said parking zone; and (d) putting the victim’s hand into the panty line and became a negative part of the victim.
Accordingly, the defendant committed an indecent act against the victim under 13 years of age by force.
2. On the same day as the written in the preceding paragraph, the Defendant sent the victim with the stairs of the D apartment E-dong 14th floor in Yongcheon-si, Youngcheon-si, and added the victim's fingers to the pande as if he shouldered the shoulder of the victim who resisted against the Defendant, so that he could not put the shoulder into a arms, and then put the victim's fingers into a pande, and added the fingers into a pande.
Accordingly, the defendant, by force, committed similar acts by putting a part of body such as fingers, etc. in the sexual flag of the victim under 13 years of age.
Summary of Evidence
1. Defendant's legal statement;
1. Video recording and recording of statements in the report of internal investigation;
1. Each report on internal investigation (affixing photographs to the scene of occurrence, and attaching photographs submitted by victims);
1. Application of Acts and subordinate statutes to report on investigation (Attachment of expert opinion on statement analysis for the victim);
1. Article 7(5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a indecent act committed by a minor under the age of 13 by force, a choice of imprisonment), Article 7(5) and 7(2)2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a similar act committed by a minor under the age of 13 by force) regarding criminal facts in relation to Article 7(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a similar act committed by a minor under the age of 13 by force) of the defense counsel’s opinion (b).