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(영문) 서울중앙지방법원 2020.05.29 2020고합120

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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

On August 28, 2019, the Defendant, at the Jung-gu Incheon Metropolitan City apartment apartment playground, 18:38 to 19:03, the Defendant kids on the right side of the victim C (name, 5 years old, 5 years old), D (name, 4 years old, 4 years old), kids on the right side of the victim C, kids on the right side of the victim C, where she was seated, and kids on the part of the victim D, who was on the part of the victim C, and kids on the right side of the victim D.

Accordingly, the defendant forced victims under the age of 13 to commit indecent acts.

Summary of Evidence

1. Defendant's legal statement;

1. A statement made by the victim C or D in each statement recording CD;

1. Application of Acts and subordinate statutes notifying departments related to reporting 12 cases;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [aggressing concurrent crimes resulting from a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against D with heavy victims (a minor under thirteen years of age)]

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019) [the sentence of suspension of execution of sentence, registration of personal information, order to attend sexual assault treatment courses, and order to restrict employment against the accused are also re-offending.