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(영문) 전주지방법원 2017.08.17 2017고합121

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

Reasons

Punishment of the crime

The defendant is a person who works as a food delivery source in the ‘D' point in the 'D point in the Seoul Apartment-gu Seoul apartment commercial building in the Jeonjin-gu Seoul Metropolitan City, and the victim E (V, 10 years of age) has been a guest, so the defendant and the victim were aware of each other.

On February 7, 2017, the Defendant discovered the victim who gets on the street in front of the "F of the "F of the Seojin-gu Seoul Metropolitan City" on February 19:05, the Defendant, who driven by the Defendant, forced the victim to commit an indecent act by force against the victim by making up the victim on the front of the "Y" and setting up the victim's house in the direction other than the victim's house in the front of the "Yak-gu", which the Defendant driven. Although the victim was forced to get off, while continuing to drive the altobbb, the Defendant forced the victim to commit a indecent act by making up two times the victim's her her mbbbbbbbbbbbbbbs, and 2-3 times the part of the nbbbbbs.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of each investigation report [Attachment to the green map of the injured party at the time of video recording, Attachment to the map of the mobile channel by the injured party, attachment to the off-to-land photo of the mobile channel by the injured party, verification of the details of delivery, etc. at the time of the case, securing of CCTV images, attachment to the video images of the crime prevention CCTV before the H high school];

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, concerning the crime;

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. 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 fact that the accused has no record of being punished for the same crime), the registration of personal information and the treatment program for sexual assault, exempted from an order of disclosure and notification;