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(영문) 대구지방법원 서부지원 2019.01.10 2018고합194
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

The defendant is not aware of the victim B (a family name, South, 8 years old), C (a family name, South, 12 years old).

On June 11, 2018, the Defendant, while walking along a road while under the influence of alcohol around 19:30 on June 11, 2018, moved to a singing practice room after combining bicycles in front of the E building in Daegu Seo-gu, Daegu, and reporting the victims of the two-story singing.

The Defendant opened a singing door by the victims, and forced the victims to sit in the knee of the Defendant, forced the victims to sit in the knee of the victim’s kne, and forced them to take the knee of the victim’s kne, let both breasts look back and panty, and kne of the victim’s sexual organ became the victim’s sexual organ.

The defendant continued to sing back to the victim B, who is forced to sing under the victim C's above the victim C, and sing back to his hand.

Accordingly, the defendant committed an indecent act against the minor victims under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of Acts and subordinate statutes to the investigation report (on-site CCTV verification);

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. It is difficult to readily conclude that the Defendant had no record of criminal punishment prior to the instant crime due to the lack of such record as to the exemption from an order to disclose or notify, and the registration of an order to attend a course and personal information alone constitutes a second offense.

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