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(영문) 전주지방법원 남원지원 2018.02.22 2017고합26

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

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

except that the above sentence shall be executed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 27, 2017, between around 17:00 and around 18:00, the Defendant discovered a victim who opened a mixed breadth in the e-factory off the factory of the E-stock farming association operated by the parents of the victim D (11 aged) located in the former Ham Chang-gun, the Defendant told the victim to be forced to commit an indecent act by forcing the victim, and told the victim to “Singing to a certain extent, Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do.” The Defendant moved the victim into the Defendant’s house located in F and got the victim’s sexual organ by taking the victim’s hand from the end to the back of the victim.

2. From around 17:00 on May 30, 2017 to around 18:00, the Defendant took the Defendant’s home room in the Defendant’s house as described in paragraph (1) from around 18:0 to around 18:0, and in the foregoing manner, the Defendant took the Defendant’s hand against the victim’s her hand, who was taken away from the Defendant’s factory adjacent to the said EF factories.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (a victim D shall attach his/her picture to such report);

1. The application of each stenographic record, the victim's internal ground plan inside the house of the defendant, the expert opinion in the case of sexual harassment against a child, and the statutes governing field photographs;

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

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

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Defendant

1. The gist of the claim is that the defendant's satisfying the victim's sexual organ by taking the victim's hand over the victim's hand, as stated in its reasoning, but the victim's satisfying, and there was no intention to commit an indecent act against the victim.

2. Legal reasoning’s indecent act is objectively sexual humiliation or aversion to the general public.