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(영문) 전주지방법원 2017.05.18 2016고합242

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

Reasons

Punishment of the crime

The defendant is a person who has served as a security guard at D schools located in Geumcheon-gu Seoul Special Metropolitan City. The victim E (V, 10 years of age) is a student in the fourth year of the above school.

On October 20 through October 21, 2015, the Defendant, at around 19:0 to 20:00, was trying to commit an indecent act by reporting the victims who had been working at the school to find them by lose their cell phones at the lower school while working at night at the above school’s office.

The defendant tried to find a cell phone with the victim as the classroom.

In the end, the victim, who had been chilling psychologically in the native corridor, did not wear his/her hand and write his/her shoulder and rhym the victim's shoulder, and had him/her back to the school.

After the Defendant did not find a mobile phone and returned to the watchkeeping room, the Defendant saw the victim to walk the phone on the lost mobile phone using the phone in the watchkeeping room. As such, the Defendant viewed the victim who was waiting to leave the phone in the front of the entrance of the watchkeeping room, and waited for the victim to return to the scene of the Defendant’s panty tyty and exposing sexual organ before the entrance of the watchkeeping room.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to video recording and stenographic records attached to the victim E) and stenographic records attached thereto;

1. Application of the Acts and subordinate statutes governing the investigation report (Attachment to the victim's picture) and the accompanying document;

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. Matters concerning the protection of children and juveniles against sexual traffic;