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(영문) 광주지방법원 2013.04.11 2013고합40
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

From June 2010, the Defendant was operating a miscellaneous point of a trade name “D” in front of the Masung-gun’s Military Elementary School (Seoul).

The victim E (the age of 11) completed the school for the fifth grade student of C Elementary School, and the victim E (the age of 11) was difficult to get out of the front bus.

1. From June 2012 to June 17:00, the Defendant committed an indecent act on the part of the victim who was waiting for a bus on two occasions, and on the side of the victim’s waiting for a bus, the Defendant committed a indecent act on the part of the victim by force, as the buckbucks by hand.

2. From June 2012 to June 17:00, the Defendant: (a) 16:30 to 17:00, 2012, the Defendant committed an indecent act on the part of the victim, waiting for a bus, by salvating the victim by salving the victim by salvbing the victim by salvous hand; and (b) 3:00 to

3. On July 2012, from around 16:30 to 17:00, the Defendant: (a) opened a freezing room in the air conditioners intending to take out the ice cream; and (b) committed an indecent act on the part of the victim, such as the victim, etc., who is going out of the ice cream, with the two descendants, committed an indecent act on the victim’s chest by force.

Accordingly, the defendant committed an indecent act on the part of the victim under the age of 13 over five times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E;

1. Application of Acts and subordinate statutes on family relation certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes resulting from the crime of indecent act by force on early July 2012, which is the largest penalty);

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. Article 62-2 of the Criminal Act, the main sentence of Article 13 (1) and Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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