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(영문) 창원지방법원 밀양지원 2018.02.02 2017고합33

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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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: (a) was a person working in Sinnam-gun Co., Ltd., Ltd., Ltd.; (b) was aware of the victim E’s gathering of the victim E (V, 6 years of age)’s relationship in the Defendant’s cafeteria; (c) was aware of the relationship with the victim; and (d) was aware of the victim’s intent to commit indecent act by using the victim’s well-

On August 30, 2017, the Defendant: (a) on the first floor of the restaurant building above D cafeteria around the A.M. on August 30, 2017, and (b) on which TV was opened and reported to the victim, he/she sits next to the victim; (c) put his/her hand in the panty line of the victim himself/herself; and (d) opened the victim’s sound on several occasions; and (c) the victim “I am.”

As "" and refused, the victim's hands in the panty of the panty of the victim was deducted, and the victim's panty was spanty folded.

Accordingly, the defendant committed an indecent act on the part of the victim who is under 13 years of age.

Summary of Evidence

1. Application of Acts and subordinate statutes to a police report on the investigation of the police statement F in relation to the defendant's statutory statement F;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act (amended by Presidential Decree No. 2010, Nov. 1, 2011) of the Act on the Suspension of Execution of Sentence 62(1) of the Criminal Act (amended by Presidential Decree No. 2010, Dec. 1, 201

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

1. The age, occupation, family environment, social ties, previous convictions, and the risk of recidivism of the defendant, the victim's legal representative who does not want to be punished for the defendant, and other benefits and effects expected by the disclosure order or notification order, and any disadvantages and side effects resulting therefrom, etc. are various.