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(영문) 수원지방법원 안양지원 2015.03.13 2014고합246
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was living in Ansan-gu Boyang-gu Clla, and the victim D(6 years of age, women) was living in Dong-dong, and the defendant was aware of the face of the ordinary victim.

1. The Defendant, around March 2014, committed an indecent act by force against the victim, by approaching the victim who was playing in the alley between CGrara Adong and B Dong, stating that the victim’s scam with the victim can be seen as her scambling and her scambling.

2. Around May of the same year, the Defendant accessed the victim at the same place, and laid the victim’s her am, with her am, and forced the victim to raise her am, thereby committing an indecent act.

3. The defendant has committed the same harm.

9. Around 15:20 on the same day, the victim, who was in a mixed play at the same place, committed an indecent act by force against the victim, on the part of the victim, by approaching him/her whether he/she had a defect in personnel affairs or she was frighted, by raising the victim’s schee with his/her schee on his/her hand with his/her own hand, and by committing an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Records of the statements made by victims;

1. Application of Acts and subordinate statutes to report on investigation (written opinions of experts in sexual assault cases against children with disabilities);

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Children and Juveniles who have been placed on probation or attending lectures;

1. As to the assertion of the Defendant and his defense counsel under Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant alleged that there had been no intentional indecent act against the victimized party. However, the following circumstances, which can be known from the evidence duly adopted and examined by this court, are the following circumstances.

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