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(영문) 대구지방법원 경주지원 2016.10.07 2016고합37
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
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

On May 2016, at around 14:00, the Defendant 1 met the victim F(7 years of age, women) who was playing at the entrance of the train, with the victim F(7 years of age, women) who was traveling at the entrance of the train on May 2016.

In addition, the Defendant, while stating that “I have a play machine that is frighten on the flap, if any. 2 minutes exist”, the Defendant flabed the victim’s hand on the flabp, flabed the victim in a manner that the victim would commit an indecent act against the victim, flabed the victim on the flab on the flab, and bucked the victim’s buck as the clothes of the victim.”

After that, the Defendant, along with the victim, was aware of the victim on the rooftop and on the third floor, and the victim's her tock was 3 to 4 times.

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

Summary of Evidence

1. Partial statement of the defendant;

1. To apply Acts and subordinate statutes to professional written opinions on sexual assault cases, such as a report on internal investigation (video recording for the F of the victim), statement recording, investigation report (a document attached to the victim's family relation certificate, etc.), family relation certificate, etc., investigation report (a document attached to the victim's statement and analysis written opinion

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

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 extenuating circumstances among the reasons for sentencing);

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

1. The Defendant, who is exempted from disclosure order and notification order, runs in depth against one’s own crimes under the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the instant crimes against many unspecified persons.

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