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(영문) 광주지방법원 목포지원 2015.12.17 2015고합151
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by compulsion under the age of 13) said that the Defendant was at the home window of the victim D (the age of 12) located in Pyeongtaek-gun, Hamn-gun, Hamyeong-gun, Hamn-gun, Hamn-gun, and said that the Defendant was at the home of the Defendant.

The Defendant entered the victim as a means of the Defendant’s house located in Pyeongtaek-gun E prior to the same day, was frightened with the victim’s mind to force indecent acts by compulsion, was frightened with the victim, and was frighted with the victim’s hand, she was frightened with the victim’s hand, and she was frighted with the victim’s back

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

2. Around March 15, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) issued orders to delete the Defendant’s mobile phone text messages from the victim D (the age of 13) located in Pyeongtaek-gun, Chungcheongnam-gun, Chungcheongnam-gun, to request the victim to do so, and to enter the victim as a method to request the victim to commit indecent act. The Defendant instructed the victim to put the victim in mind, to put the victim in mind, and to put the victim’s knife at work, and the victim’s knife with the victim’s knife with his hand was known.

As a result, the defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the video CD-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Article 298 of the Criminal Act (a point of indecent act by compulsion of a minor under the age of 13), Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and choice of imprisonment

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [Aggravated Punishment on Crimes of Violation of Special Cases concerning the Punishment, etc. of Sexual Crimes with Heavy Punishment (13 Years of Age)]

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

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