208Gohap143 Violation of the Act on the Punishment of Violence and Protection, etc. of Victims (13)

Minor Rape, etc.)

MaO(63**), non-permanent

Woo-man Park

May 30, 2008

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of three years from the date this judgment becomes final and conclusive. It shall order the defendant to be put on probation.

Access information on the accused shall be made available for inspection for five years.

Criminal facts

Around 19:15 on February 20, 208, the defendant found the victim's maximum 00 (10 years old, 10) who was suffering from extracurricular lessons in the Nam-gu, Daegu-gu, Daegu-gu *** in elevator, the above apartment ** in the victim's maximum 00 (10 years old, 10 years old) who was suffering from extracurricular lessons in the above apartment * in his hand, and the female in his hand stated that "I are what grade, and whose name has been known, is 11th floor." The defendant forced the victim under the age of 13 by using the victim's hand without any sea, and rhing the victim's face with both hand, and committing an indecent act on the part of the defendant as a minor.

Summary of Evidence

1. Statement corresponding thereto in this court;

1. Descriptions consistent with the provisions of the Criminal Investigation Report, Dun TV, and Attachment of Dun TVs, and the application of the corresponding provisions of each Enforcement Decree; and

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 8-2(3) of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof, and Article 298 of the Criminal Act.

Article 62(1) of the Criminal Act see Reasons for Sentencing

1. Probation;

Article 62-2 of the Criminal Act

1. The Defendant’s crime of this case with the reason for sentencing under Article 37(1)1 and (4) of the Act on the Protection of Juveniles from Sexual Abuse is an indecent act against the victim by taking account of the following: (a) the type of the act itself cannot be deemed to have serious quality of the crime; (b) it is difficult for the Defendant to have committed an indecent act against the victim by taking into account the age of 10,000 from the elevator of the apartment; (c) however, at the location where the victim is pushed away from the age of the Defendant at the same time as indicated in its reasoning, it is difficult for the Defendant to have committed an indecent act against the disabled; (d) the likelihood of suffering from the victim’s sexual intercourse; (e) the development potential of the sexual harassment against the female child; (e) the sexual intercourse with the disabled; and (e) the need to keep the offender from committing an indecent act against the disabled; and (e) the need to keep the offender from committing an indecent act against the disabled under the age of 10,000>

The presiding judge, judge Lee Dong-ho

Judges Excellent

Judges Park Byung-hee