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(영문) 수원지방법원 2017.09.14 2017고합379

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

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A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a foreigner of Russian nationality, who enters the Republic of Korea on February 1, 2017 as a visa exemption (B-1) for the purpose of tourism and whose period of sojourn expires on April 2, 2017.

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 D (in the opposite direction, 10 years old, 10 years old, 10 years old) who was drinking in the direction of the opposite direction, and met the victim's chest by extending out his/her hand.

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

2. On May 24, 2017, around 15:59, the Defendant: (a) placed 1 Byung in the display stand of the victim F, who was placed in the display stand by taking advantage of the gaps in which the victim’s surveillance was neglected; and (b) stolen 1 Byung who was placed in the display stand of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, D, or H;

1. CCTV images;

1. Application of statutes governing stenographic records;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment: Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 (the point of forced indecent conduct under 13 years of age, the choice of imprisonment with prison labor), Article 329 of the Criminal Act (the intention of Section 1 and the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments for each crime);

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Exemption from an order to attend a course: There are special circumstances in which an order to attend a course cannot be imposed, since the accused is a foreigner who is unable to understand the Korean language;

[Determination]

1. Exemption from disclosure order and notification order: The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, nationality, risk of recidivism of the accused, and the instant case);