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(영문) 광주지방법원 장흥지원 2018.02.20 2017고합17

강제추행등

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

Reasons

Punishment of the crime

1. On July 6, 2017, the Defendant: (a) committed an indecent act by force on the part of the victim D (n, 79 years of age) who was in Jinjin-gun C around the south Jinjin-gun; (b) on the part of the victim D (n, 79 years of age); and (c) on the part of the victim’s home, the Defendant committed an indecent act by force against the victim by using his/her own descendants.

2. 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) the Defendant: (a) around September 25, 2017, the Defendant: (b) around September 17:35, 2017: (c) had the victim G (neep, 12 years old); (d) had his/her horse on the top of the steering group of his/her horse car and drive the vehicle to the side side of the road near H; (d) had the victim himself/herself; and (e) had the victim’s chest and buckbbbbbbbbbs; and (e) had the victim’s finger and knicked with the victim’s finger and knick; and (e) has considered the male and kneep.

“A indecent act committed by force against a minor who is under 13 years of age.”

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. The application of Acts and subordinate statutes to stenographic records, stenographic records (D), victim stenographic records (G);

1. An indecent act committed by force under Article 298 of the Criminal Act with respect to facts constituting an offense: Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and Article 298 of the Criminal Act;

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the punishment is aggregated with the long-term punishment of the above two crimes];

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. Each crime committed on the basis of the judgment to register and submit personal information under the main sentence of Article 21(2) of the Act on the Protection of Juveniles against Sexual Abuse, the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is guilty.