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(영문) 제주지방법원 2018.03.29 2017고합214
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 21, 2017, from around 20:00 to around 21:00, at the E parking lot located in the city of Jeju, the Defendant contacted the victim F (one year old), who is a student of the above elementary school, to the said elementary school, with the said victim at Kakaox, and met the said victim. After examining G at G, the Defendant: (a) was in the game with the victim’s hands on the back seat of the 13-year-old vehicle; (b) was in the game with the victim’s hands on the back seat of the 13-year-old vehicle; (c) was in the middle seat of the 13-year-old vehicle; and (d) was in the victim’s hands on the victim’s hand; (d) was in the victim’s hands on the victim’s hand; and (e) took the victim’s hand on the part of the 13-year-old vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made to the police with H;

1. Investigation report (Attachment to suspect vehicle photographs / Registration certificate attached);

1. Application of statutes governing stenographic records;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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

1. Where a judgment of conviction becomes final and conclusive against the defendant who has registered his/her personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit such personal information to the competent agency pursuant to Article 43 of the same Act.

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