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(영문) 대구지방법원 서부지원 2015.09.03 2015고합68

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

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A defendant shall be punished by imprisonment for not less than one year 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

1. On December 15, 2014, at around 14:00, the Defendant committed an indecent act against the victim C, the Defendant: (a) committed an indecent act against the victim C (9, female) who was under 13 years of age on the way that the Defendant collected the delivery straw; (b) when the victim C (9, female) who was under 13 years of age and the end of the elevator was in the elevator, the Defendant’s appearance was dissipatedd on the elevator door following the victim; and (c) when the victim took the sexual organ into consideration it, the Defendant she committed an indecent act against the victim by committing an indecent act against the victim.

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

2. On February 2, 2015, at around 16:09, the Defendant committed an indecent act against the victim F, the Defendant committed an indecent act against the victim F, who was under 13 years of age (seven years of age, female) and the victim F, who was under 13 years of age, to remove the delivery mar from the way of the elevator, committed an indecent act against the Defendant’s appearance on the elevator door, by taking the sexual organ out and look at it.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the victims recorded in the victim F and C's respective video recordings;

1. Investigation report (video recording and picture recording of the victim's F statement, attachment of a record of recording, attachment of a professional opinion), internal investigation report (Attachment of a record of video recording and tape recording of the victim's statement C), each picture, stenographic record, written opinion of the expert in each child's sexual assault case (F, C), and a result of psychological evaluation;

1. CCTV images;

1. Application of Acts and subordinate statutes to criminal papers, criminal papers, internal investigation reports (on-site CCTV attachment), each investigation report (verification of a suspect's delivery account books, report on the suspect's situation at the time of the suspect), CCTV-cape screens and photographic photographs;

1. Relevant provisions of the Criminal Act and Articles 305 and 298 of the Criminal Act concerning criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Code are more severe victims F.