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(영문) 의정부지방법원 고양지원 2015.01.30 2014고합249
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

The defendant is a person who is engaged in self-business (heat repair shop) in the vicinity of the D Bus Terminal located in C at the time of strike, and the victim E (here, F birth) is first viewed.

1. On July 27, 2014, at the back of the D Bus Terminal around 17:00, the Defendant: (a) sent the victim to GUV vehicles that had been driven by the Defendant; and (b) sent the victim to GUV vehicles located around the victim’s house located in GUV; and (c) went to the farm near the victim’s house located in GUV at Pacific; and (d) despite the victim’s refusal to do so, the Defendant committed an indecent act against the victim by using the victim’s chest, making the victim’s chest sypt; and (c) forcing the victim to leave the bus.

2. 피고인은 위 1항 기재 일시에, 계속하여 피해자를 차에 태운 후 담배를 구입한다며 피해자의 주거지 부근 공동묘지로 데려가, 피해자의 상의 속으로 손을 넣어 가슴을 만지고, 피해자가 아프다며 그만 만지라고 하였음에도 피해자의 상의를 걷어 올려 피해자의 젖꼭지 부분을 핥고 피해자의 입에 혀를 넣어 피해자를 추행하였다.

3. On July 27, 2014, the Defendant continued to commit an indecent act against the victim by setting up the victim’s house at around 18:30 on July 27, 2014, and setting off the joint cemetery and arriving in the I apartment house at the time of the respondent’s week. In other words, the Defendant committed an indecent act against the victim by setting up the victim’s own knowledge and key to the victim’s entry.

Accordingly, the defendant committed an indecent act by force on three occasions against a minor victim under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of Acts and subordinate statutes governing requests for appraisal;

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

2. The statement in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes shall be the most severe judgment.

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