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(영문) 제주지방법원 2018.05.10 2018고합35

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

Reasons

Punishment of the crime

From January 4, 2018 to January 15:30 to 16:00, the Defendant: (a) on the street in front of D, located in Jeju-si; (b) on the victim E (one-year old, 12); (c) on the victim F (one-year, 12 years old), the victim F (one-year-old, 12 years old), the victim’s grandchildren, shoulders, and arms were released; and (d) on the victim E’s chest, the Defendant fashed “pine.”

At this end, I have called “I Doz.” to the victims who had been in accordance with neighboring D stairs, “W. D. D.”

The term “the victim’s grandchildren and knes were knifeed by the victim’s grandchildren and knife at a canter, and the victim E was forced to commit each indecent act by putting the victims under the age of 13 in his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. An investigation report (Attachment to a photograph, etc. of a visual CCTV image by cutting it out);

1. Stenographic records;

1. Application of CCTV images and photographs to the Acts and subordinate statutes;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution [Consideration of the fact that the defendant has no record of criminal punishment other than the previous three-time fine, and that the victim has submitted a letter of no penalty by agreement with the legal representative of the victims, etc.];

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 Defendant has no record of being punished for a sex offense before committing the instant crime, and the Defendant repeats the Defendant to a certain extent only by taking lectures in registering personal information and taking lectures in treating sexual assault.