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(영문) 수원지방법원 평택지원 2018.02.12 2017고합161

성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등

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

(b) Crime history;

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against a minor under the age of 13) found the victim F in the order before the principal office of the E-school located in Pyeongtaek-si D on October 12, 2017, and found the victim F (the name, female, 11 years old), followed by inserting the victim's hand in the aftermath of the victim.

Accordingly, the defendant committed an indecent act against a minor under 13 years of age.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by compulsion of intrusion on residence) discovered that a victim H (a person who was in Pyeongtaek-si G entered the above gate password and entered the above gate, following the victim H (a person under the age of 13) around 15:05 on the same day as paragraph (1) of the same Article, entered the above 2*** 10,000 chest by putting the victim under his/her hand in front of the victim.

Accordingly, the defendant invadedd the victim's residence and forcedly committed an indecent act against the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of Acts and subordinate statutes on police statements made to F to H and H;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) of the Criminal Act (the point of coercion of intrusion by residence, the choice of imprisonment with prison labor), Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 (Compulsory Indecent Acts under 13 years of age, and the choice of imprisonment with prison labor);

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 prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with more severe punishment)

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the record shall be recognized) for children exempted from disclosure orders and notification orders;