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(영문) 서울남부지방법원 2014.09.19 2014고합251

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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 January 23, 2014, at around 19:50, the Defendant: (a) was aware of the D real estate operated by the Defendant in Geumcheon-gu Seoul Metropolitan Government, that the victim E, who is of intellectual disability 3 that was known to the general public, came into the above office and became a new recruitment of the public. (b) the Defendant was aware of the victim’s “I will be going to go to the new recruitment. I want to go to go to the new recruitment. I want to go to go to the house.” (c) Before going to go to the house, the Defendant was able to go to her house by burning the car.).

At around 20:00 on January 23, 2014, the Defendant placed the victim on the inside of his/her residence in Geumcheon-gu Seoul F, F, 501, and forced him/her to see both sides of the victim.

Then, the Defendant exceeded knee at a time and panty of the victim, and the victim took knee and knee at the same time, and the victim took part in it, but, although she knew only knee, knee, knee, knee, knee, knee only. knee, knee. knee. knee. knee. knee. knee. knee.” After suppressing the victim’s resistance, the Defendant forced the victim

The defendant forcedly committed an indecent act against a victim under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to E of protocol-Stenographic records and statement-recording video CDs, appraisal results return Acts and subordinate statutes;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

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

5. The information disclosure order and notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse are “any special circumstance that may not disclose and notify personal information,” as one of the grounds for exception to disclosure and notification order.