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(영문) 수원지방법원 성남지원 2019.01.17 2018고합234
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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Defendant shall be punished by imprisonment for not less than two years and six months.

Provided, That the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant conspiredd with the mother of the victim B (a person, a woman, 10 years of age) and worked in the “E facility” attached to the church where the victim was the victim while working as the 'Diplomatic Association’ in Gwangju City as the 'Diplomatic Association’.

1. On May 7, 2018, around 17:00 on May 7, 2018, the Defendant was aware of the victim’s house located in Gwangju City F, and was faced with the victim’s early suffering from alcohol.

2. On May 8, 2018, the Defendant: “Around 13:30 on May 8, 2018,” and at the victim’s house, found the victim’s her seat and her seated the Defendant’s sexual flag at the victim’s her seat, which was accumulated in the inner bed.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The statement of the victim recorded in the video CD;

1. A report on internal investigation (as to a report on visit, attachment of a site photograph);

1. Investigative report (in case of recording statements);

1. Application of Acts and subordinate statutes to the victim's green forest and field photograph;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. It is difficult to conclude that the Defendant had no record of criminal punishment prior to the instant crime, as there is no criminal punishment prior to the instant crime, and that there is no risk of recidivism by sexual assault, solely on the part of the Defendant’s personal information registration and participation in the sexual assault treatment curriculum.

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