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(영문) 수원지방법원 안산지원 2016.04.01 2015고합137 (1)

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

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

Reasons

2. "2015, 137;

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against a minor under the age of 13) the Defendant, on March 3, 2015, Daz. to the victim D (hereinafter referred to as “the convenience point of Bright,” located in Ansan-si, Masan-si, Annsan-si, Annsan-si on March 3, 2015, used the victim’s head once and used the victim’s head once in two arms, followed the victim’s body flick, and flicked the victim’s view.

Accordingly, the defendant committed an indecent act against the victim D by force against a minor under 13 years of age.

2. The Defendant violated the Act on the Protection of Children’s Juveniles against Sexual Abuse (voluntary indecent act) refers to the victim E (at the age of 16) who was adjacent to D at the above date, time, and place, “an governance has occurred”, and the victim was aware by hand by drawing the victim’s shoulder.

As a result, the defendant committed an indecent act against the victim E, a child or juvenile.

"2015 Gohap 244"

3. 폭행 피고인은 2015. 8. 2. 22:30 경 안산시 상록 구 F 아파트 ** 동 ** 호 앞에서 현관문을 발로 차며 행패를 부리던 중, 치킨을 배달하러 온 피해자 G(17 세) 이 문 앞에서 비켜 달라고 하자, 피해자에게 욕을 하며 주먹으로 그의 얼굴을 4회 때리고 발로 정강이 부위를 찼다.

Accordingly, the Defendant assaulted the Victim G.

Summary of Evidence

[2015 Gohap 137]

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

1. Statement made by the police for E;

1. Each statement of D and H;

1. Investigation report (including documents and photographs related to the verification of CCTV image data at the scene of a crime, and accompanying documents);

1. Stenographic records (2015, 244);

1. Statement of the police statement related to G;

1. A criminal investigation report (Evidence No. 12, 13 of evidence records);

1. Application of the statutes governing photographs of victims;

1. Relevant Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 298 (a) of the Criminal Act, Article 7(3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 (a) of the Criminal Act, Article 298 (a) of the Criminal Act, Article 260 (1) of the Criminal Act, and Article 260 (2) of the Criminal Act, respectively.