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(영문) 광주지방법원 2015.03.11 2015고합17

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

Reasons

Punishment of the crime

1. On March 2013, the Defendant and the person requesting probation order (hereinafter “Defendant”) committed an indecent act by force against the victim under 13 years of age by having the victim use his own body in the house of the third floor of the Defendant’s living room in Gwangju Mine-gu where the Defendant living in P.M., the third floor of the Defendant’s living room in Gwangju Mine-gu, where the Defendant was living.

2. On January 2013, the Defendant committed an indecent act against the victim under 13 years of age by force by promptly taking advantage of the victim’s identity at the house of the Defendant on the third floor of the above building.

3. From January 2014 to March 2014, the Defendant committed an indecent act against the victim under the age of 13 by force by kising the victim on several occasions on both sides of the victim on the first floor of the building in question.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Each statement made to the victim, which fit for such statement;

1. Any statement made on the side of the victim, which is appropriate for such statement;

1. Statement made in compliance with the investigation report (as to the statement made in D), the statement made in question;

1. Application of video-related Acts and subordinate statutes that conform to the investigation report (as to attachment of photographs of the place of crime);

1. Article 7 (5) and (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, respectively;

1. Of concurrent crimes, an aggravated punishment as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravated Punishment of Crimes concerning the Punishment, etc. of Sexual Crimes (aggravated Punishment of Minors under thirteen years of age)] among concurrent crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Article 62(1) of the Criminal Act provides that the defendant has no record of punishment for the same kind of crime, has a job and lives together with his family, so the risk of recidivism is low, and the family and social relationship is clear.