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(영문) 광주지방법원 2018.11.23 2018고합403

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 2018, the Defendant reported this television at the Defendant’s office located in Gwangju Northern-gu C building and the Defendant’s office located in 1.203, the Defendant reported this television by the victim D (the 9-year old-old-gu) who is a woman living together, and subsequently, the Defendant, as the victim’s pande, included his hand in the victim’s pande, and committed an indecent act by force on the part of the victim.

2. Around April 2018, the Defendant, at the above Defendant’s house, committed an indecent act by force against the victim by inserting her panty in the victim’s panty as the victim’s her panty, thereby making the victim’s her tum.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records and recording records of the D's statement;

1. Application of the Acts and subordinate statutes to the victim's forest;

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 aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes provided for in Article 38 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under paragraph (2) of the said Act (the indecent act by force against a minor under the age of 13)];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no record of any sexual crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order and the notification order, and the effect of preventing sexual crimes subject to registration