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(영문) 제주지방법원 2020.10.22 2020고합152
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

1. At around 14:08 on May 21, 2020, the Defendant discovered that the bank of the victim D (one, nine years of age) is on the bench at the children’s park located in Jeju, Jeju, and 10,000 won in cash owned by the victim.

Accordingly, the defendant stolen the victim's property.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by compulsion of the victim under thirteen years of age) committed a theft act at the time and place specified in paragraph (1) refers to the victim himself/herself, “I see. I am about. I am. I am. I am. I am. I am. I am.). I am. I am. I am. I am. I

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to photographs analyzing CCTV images for crime prevention against children's parks;

1. Relevant legal provisions concerning criminal facts, 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 minors under the age of 13), and Article 329 of the Criminal Act;

1. Aggravation of concurrent crimes: former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the long-term punishment for the crimes of the above two crimes is aggregated);

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, and Article 62-2 of the Criminal Act;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the current status of a serious disability, thus it is deemed that there are special circumstances making it impracticable to achieve the purport of an order even if

1. The main text of Article 49(1) and the main text of 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).

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