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(영문) 춘천지방법원 속초지원 2020.04.23 2019고합39

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

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

Punishment of the crime

Around 16:30 on May 17, 2019, the Defendant 2019, "2019 Highly 39", the Defendant was able to see that the victim C (the name, the son, the 6-year old age) c along with the originals of the same child care center, and to commit an indecent act against the victim. The Defendant cleeped the victim's breast part of the victim's chest with the kyth of the kyth of the kyth of the kyth of May 17, 2019.

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

No person of "2019, 44" shall commit any physical abuse against a child that may injure his/her body or may injure his/her physical health and development.

Nevertheless, around May 1, 2019, around 16:30, the Defendant committed physical abuse against the victim F(7 years of age) in front of E elementary school located in Gosung-gun D, with a tamp of plastic materials(500ml) being used by the victim F(7 years of age) in his hand without any reason.

Summary of Evidence

"2019, 39"

1. Defendant's legal statement;

1. Records of statements made by victims;

1. The expert opinion on a case involving sexual harassment against children under the age of 13 is 2019, 39;

1. Defendant's legal statement;

1. The police statement of the victim F;

1. Application of Acts and subordinate statutes to an investigation report (specific type of shots G interview and call disease);

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, Article 298 of the Criminal Act (the occupation of indecent act by compulsion of a minor under the age of 13, choice of imprisonment), Article 71 (1) 2, and Article 17 subparagraph 3 of the Child Welfare Act (the occupation of

1. The fact that the Defendant, under Articles 10(2) and 55(1)3 of the Criminal Act that statutory mitigation is a person with a intellectual disability of class 2 in the disability grade, and that the Defendant was in a state of lack of recognition and judgment due to intellectual disability in the investigation before the judgment of the original branch of the Chuncheon Probation Office.