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(영문) 수원지방법원 2017.06.29 2017고합153

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 30, 2016, the Defendant came to know of the Victim D (tentative name, 7 years of age) at a sports center that he/she received a swimming instruction in the G-si Suwon-si on his/her own around September 30, 2016. On 177 cm, the Defendant was willing to commit an indecent act against the Victim by force by using the fact that the Defendant, who is a male of 80km in the body of 177 cm, her male of 22 years old, her body was snife and her ageed, and that if her body was taken out within the shower space where the victim did not frequent, the Defendant did not have the ability to recognize and cope with it.

1. On October 4, 2016, the Defendant: (a) around 20:05, at the male scarba of the said sports center; (b) completed a course of study; and (c) took a shower space where other people cannot see due to the partitions; and (d) took a shower space where the body of the victim might be over to the body of the victim; and (c) taken the victim’s sexual flag one time by hand.

2. On December 13, 2016, around 20:10, the Defendant: (a) taken the victim as shower space; (b) taken the victim’s body in a shower space; and (c) taken the victim’s body on his knee kne on the victim’s body; and (d) taken the victim’s sexual organ rapidly and in his/her hand took part in the victim’s sexual organ.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Stenographic records of the statement of the victim, or the victim's either a young letter or an internal map;

1. The time when CCTV images recorded in a swimming pool fall, the time when the suspect and the victim enter or leave the swimming pool, the time table for the suspect to leave the swimming pool, and the suspect's entry into or exit from the swimming pool on September 2016;

1. Application of Acts and subordinate statutes to report internal investigation (the details of management of the registration of the center of a victim and the details of his/her position), investigation reports (the confirmation of the commencement of classes against the victim's player);

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which are applicable to the crimes;

1. Aggravation concurrent crimes;