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(영문) 서울북부지방법원 2018.08.10 2017고합105
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)
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

The Defendant was a person who resides in the same Dongdong as the victim D (V), and the mother of the victim did not have enough time to look at the victim. From around May 2016 to August 18, 2016, the Defendant left the victim in the Defendant’s residence located in Gangnam-gu Seoul Northern District E.

1. On August 2016, the Defendant: (a) placed the victim on the floor at around 20:30 of the above Defendant’s residence; (b) placed the victim on the floor; and (c) laid off the victim’s brightness and clothes; and (d) taken off the Defendant’s sexual organ.

In addition, several times have passed since the victim's sexual intercourse.

2. The defendant 20:30 on the following day after the date specified in paragraph (1) above, placed the victim on the floor at around 20:30 above, and was set off the victim's sloping, and was off the victim's sloping and clothes, and taken off the defendant's sexual flag.

In addition, several times have passed since the victim's sexual intercourse.

Accordingly, the Defendant committed an indecent act against the victim under the age of 13 by force over twice.

Summary of Evidence

1. The accused entered in the statement of the accused in the first public trial record on the date of the public trial on the first public trial;

In other words, the victim made a statement that recognized the fact that the fact was written to the victim's sexual intercourse, and when the 111th trial date, the statement was made on the 11th trial date, and the statement that there was no such error was changed.

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

1. Application of statutes governing video recording CDs and stenographic records of the victim's statement;

1. Relevant Articles 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, for which the relevant provision of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc., concerning the Crime, and Article 298 (Indecent Acts through the Force of Minors under 13 years

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment of Concurrent Crimes as stated in Article 1-2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as Fraudulent Means by Minors under 13 years of age)];

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the grounds for the following sentencing)

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