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(영문) 광주지방법원 목포지원 2017.02.17 2016고단1612

미성년자의제강제추행

Text

A defendant shall be punished by imprisonment for not less than one year 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

On May 2016, at the defendant's house located in the Southern-gun C, the defendant, at the defendant's request, sent television to the victim D (one hundred years of age) who was playing in the military of the Republic of Korea, and then, after becoming aware of the victim due to leakage after the victim, put his/her hand into the part of the victim, take charge of several times his/her chest, she was off the victim's brea and panty, and her hand off the victim's bridge, she was frightd several times with the victim's hand, and she was frightd with the victim's body, and after she was frightd with the victim's body, she tried to fright up with the victim's entrance.

Accordingly, the defendant committed indecent acts against the victim under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to stenographic records or investigation reports (a copy of living records and a copy of consultation) on victims;

1. Relevant Article of the Criminal Act and Articles 305 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. There are special circumstances under which personal information may not be disclosed, in light of the Defendant’s age, risk of recidivism, record of crime, content and motive of crime, method and seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved by such order, prevention of sexual crimes subject to registration, effect on the protection of victims, etc.

The defendant who is registered with personal information is found guilty of the crime of this case. The personal information of Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is recognized.