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(영문) 서울북부지방법원 2017.06.02 2016고합580

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

Reasons

Punishment of the crime

Around 18:50 on September 23, 2016, the Defendant 2016, around 18:50 on September 23, 2016, called “2016 High 580”, the Defendant saw the victim D (a person, a person, who is aged 11) who passed his/her place in front of a restaurant located in Dobong-gu Seoul Metropolitan Government C, as he/she was a few years of age, and she sparddd

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

around 01:10 on August 2, 2016, the Defendant 1, “F” at the main point of “F” located in Dobong-gu Seoul, Dobong-gu, Seoul, for the following reasons: (a) he fights with the victim I (55 years old) in his body while drinking with H and singing; and (b) considered the victim that he assaulted the said G, the Defendant collected the victim’s head at one time in the plastic dispute where the victim was put on the table, and caused the victim to put up two heats in need of treatment for about 10 days.

around 17:56 on January 26, 2017, the Defendant discovered the victim L (25 years and female) coming from the opposite direction while under influence of alcohol, and committed indecent act against the victim’s will by extending back the hands to one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against I, L, or M;

1. Records of statements made by victims (D);

1. Application of Acts and subordinate statutes to a plastic dispute photograph, victim I's photo, injury diagnosis report, investigation report (Attachment to CDs);

1. Relevant legal provisions on criminal facts, Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Article 298 (a) of the Criminal Act, Article 257(1) of the Criminal Act, Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 298 of the Criminal Act, and selection of imprisonment, respectively;

1. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes prescribed in the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with the largest punishment (the indecent act by a minor under the age of 13];

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

1. The Criminal Act, the suspension of execution;