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(영문) 서울중앙지방법원 2013.06.17 2013고합355
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 a person who manages the parking of a building of the Pian Music Institute, which was accompanying by the victim C (V) who is a minor under 13 years of age.

1. On December 2012, 2012, the Defendant committed an indecent act by force against the victim by kising the victim from the Seongbuk-gu Seoul Diplomatic Management Office, kisking the victim from the victim’s view, kisk the victim’s kis, and inserting the Defendant’s kisk into the victim’s entrance.

2. On January 7, 2013, at the same place as before and after the Defendant committed an indecent act by coercioning the victim by placing the victim a kisck on the victim’s view in the same manner as before and in the manner as before the Defendant, and kiscing him into the victim’s entrance.

Accordingly, the defendant committed an indecent act by force on two occasions against a minor victim under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. Application of stenographic records and video CD-related Acts and subordinate statutes;

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. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes by concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age), among the police officers on December 2, 2012 with heavy 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 repeated in favor of the reasons for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

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

1. The special circumstances that may not disclose and notify the personal information of the accused in light of the fact that the accused is 69 years of age under the proviso to Article 38(1) and the proviso to Article 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who was exempted from disclosure order and notification order, and that there was no previous sexual offense prior to the instant crime.

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