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(영문) 수원지방법원 평택지원 2017.04.21 2016고합149
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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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.

Reasons

Punishment of the crime

around July 2014, the Defendant married with H, the mother of the Victim F (F, G, and G).

1. On August 2014, the Defendant committed an indecent act against the victim by leading the victim’s hand to the Defendant’s hand by leading the victim’s hand while having saw with the victim, at the Defendant’s bathing room located in Pyeongtaek-si I, 503 1701 and 1701.

2. In spring 2015, the Defendant: (a) laid the victim into a bed; and (b) laid the victim into a bed; and (c) laid the victim’s chest by inserting the fingers into the upper part; and (d) continued to read the victim’s chests by inserting the fingers; and (c) put the victim’s fingers into panty and panty, thereby committing an indecent act on the victim.

3. On April 27, 2016, the Defendant committed an indecent act against the victim by inserting his hand in the inner room of the above residence on April 27, 2016, by inserting h’s shower while H puts the shower.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims;

1. Application of Acts and subordinate statutes on police statements made to H;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof, and Article 298 of the Criminal Act;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes for Punishment of Concurrent Crimes) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles exempted from disclosure orders and notification orders (the Defendant is whatever).

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