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(영문) 광주지방법원 2017.11.17 2017고합339

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

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A defendant shall be punished by imprisonment for three years.

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

around 15:11 on June 3, 2017, the Defendant of “2017 Gohap 339” to the Victim D (Gain, E, E, 9 years of age) and the Victim-friendly E (n, nine years of age) playing in the “human extraction room” located in Gwangju Mine-gu, Gwangju, the Defendant wishes to extract the character “I wish to do so”;

1,000 won can be reduced to 1,000 won. The victim, who received 1,000 won from the defendant, she spared the victim, and she spared the victim, and she met the chest of the victim.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

On June 19, 2017, the Defendant 2017 Gohap 386, the Defendant driven a G knife vehicle without a driver’s license on the 12km section from the front day of the Namyang-gun, the Southern-gun, the North Korean Peninsula 3, the new knife-gun, to the front day of the elementary school.

Summary of Evidence

"2017 Gohap 339"

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Stenographic records;

1. A photograph of CCTV image data to be cut 2017, 386;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the driver's license ledger and inquiries by residents;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Article 298 (Aggravated Indecent Acts by Minors under 13 years of age, Selection of Imprisonment), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment to the extent that the sum of the long-term punishments of the crimes specified in the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (the indecent act by a minor under the age of 13) is added];

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

1. An order of disclosure; and