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(영문) 수원지방법원 2016.09.01 2016고합296
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 13, 2016, the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) found the victim D (8 years old) who passed a place where the victim was located in the vicinity of the Young-gu, Young-gu, Young-gu, Young-gu, 103 dong-gu, Young-gu, Gidong-si, and followed the victim and followed the victim, thereby suppressing the victim’s resistance against the Defendant, and forced the victim to commit an indecent act by undermining the victim’s resistance, under the influence of alcohol.

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

2. On January 19, 2016, the Defendant: (a) drive away from the victim F (7 years of age) who was under the direction of the victim F (7 years of age) in front of the 3-4 Radon Park Jong-gu, Young-gu, Young-gu, Young-gu, 109-dong 109-dong 3-4, the Defendant: (b) went out of the above apartment entrance; (c) exceeded the string of the victim who was under the victim’s own hand before the elevator; (d) forced the victim’s face to hump; and (e) took the victim’s face to humb

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

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of each victim;

1. Application of Acts and subordinate statutes to CCTV photographs in each field;

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

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the Defendant’s age, occupation, family environment and social relationship under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the instant case;

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