beta
(영문) 부산지방법원 2019.09.06 2019고합308

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 22, 2019, the Defendant: (a) on board the elevator for food delivery at the Busan Busan District Office C, Busan District on April 18, 2019; (b) on board the elevator for food delivery; and (c) on a different basis from the victim D (one-year-old), boarding the aircraft for mabing home; (d) on the close to the victim, the victim turns out the Defendant’s sexual organ; and (e) on the one hand, the Defendant caused the victim to feel extreme fear and sexual humiliation.

As a result, the Defendant committed by force the indecent act against the victim under 13 years of age, and at the same time committed sexual harassment, etc. that causes a child to feel sexual humiliation and feel sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements;

1. Photographs of the scene of crime;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of CCTV images to elevators);

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (a point where an indecent act is committed by a minor under the age of 13) and Article 71 (1) 1-2 and subparagraph 2 of Article 17 of the Child Welfare Act (a point where sexual abuse against a child is committed);

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (a minor, fraudulent means, etc. under thirteen years of age);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. An order for disclosure or notification is issued due to the age, character and conduct, family environment, social ties, record of and the risk of recidivism of a crime, details and motive for the crime, methods of and consequences of the crime, order for disclosure or notification, of the accused under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;