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(영문) 수원지방법원 2013.09.05 2013고합409

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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

Punishment of the crime

Around 02:00 on February 9, 2013, the Defendant, at the home of Suwon-gu, Suwon-gu, C302, performed drinking as well as D and her son’s friendly E with D and her son’s friendly E, and her son F, E’s son’s son’s son’s son and son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Part of the police interrogation protocol of the defendant

1. Application of the statutes to the Korea Meteorological Administration’s observation data (Evidence List 1, 3, 7, 11-13, 16-19, 22-26) shall apply to the accusation room, each investigation report, recording book, resident registration card (Abstract), resident registration card, family relation certificate, field map, field photograph of the case, expert opinion on child and disabled cases, observation data of the Korea Meteorological Administration

1. Article 7(4) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Article 299 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration of favorable circumstances, etc. among the reasons for sentencing);

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 21 (2) of the same Act;

1. The main sentence of Article 38 (1) 1 and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply);

1. The Defendant and the defense counsel’s assertion as to the assertion of the Defendant and the defense counsel under Article 38-2(1)1 and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse, arguing that the Defendant was in a state of mental disorder or mental disorder by drinking only at the time of the instant crime. As such, the Defendant’s prosecutor and the defense counsel against the Defendant.