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(영문) 서울중앙지방법원 2017.11.24 2017고합1040
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)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

The Defendant is a driver of the “private teaching institute” on the first floor of the Dongjak-gu Seoul Metropolitan Government C Building, and the victim (V, 7 years old) is a student of the said private teaching institute.

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by a minor under the age of 13) committed an indecent act by taking advantage of the victim’s mental and physical loss status by stopping a vehicle on the front road located in Dongjak-gu Seoul Metropolitan Government E on April 17, 2017, which is located in Dongjak-gu, with a view to taking the victim’s house in front of the road located in Dongjak-gu Seoul Metropolitan Government D, and holding the victim in front of the road.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against a minor under the age of 13) Defendant 1 was committing an indecent act against the victim at the time, time, place, and place under the above paragraph (1).

"Absing to raise a bomer on the part of the injured party, the bomb caused the victim by inserting the bomb in the upper part of the damaged party and putting the bomb in the upper part, and committing an indecent act against the victim by drinking the bomb of the victim by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of statements made by the police victims;

1. G statements;

1. Statement and analysis opinion on sexual assault against children and persons with disabilities;

1. Complaint;

1. Application of Acts and subordinate statutes to a investigative report (on-site verification, attachment of vehicle photographs, attachment of logs for operation of vehicles on April 11, 2017, attachment of field medication, attachment of recording files of conversation between a suspect and H president I, attachment of motion pictures taken by the victim's mother to state the victim's statement, attachment of motion pictures of the victim's mother to state the victim's statement, and verification of vehicle boom cards);

1. Article 7(4) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act, Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act on Special Cases Concerning the Indecent Acts by a minor under

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