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(영문) 대전지방법원 천안지원 2018.09.19 2018고합73
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 26, 2017, the Defendant discovered victims of E Contac 2 in Asan City, Asan City, with 19:20 on 19:20 on 20th, discovered victims of school travel in the victim F (the remaining, 12 years old) and met with the victim's her her her her her her her her her her her her her her her herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herth herst herst herst herst herst herst herst herst herst, and her her second her second herst herst herst herst herst herst herst herst herst herst her.

Accordingly, the defendant committed an indecent act against the minor victims of less than 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of G and H:

1. Each statement of J, F, and I;

1. Each investigation report (AF statement hearing report - telephone recording, victim I statement hearing report - telephone recording, victim J statement hearing report - telephone recording, victim H statement hearing report - The application of legislation shall apply.

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, respectively, concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with Respect to I with the most serious criminal fact (an aggravated punishment of concurrent crimes with regard to a minor under 13 years of age)

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. 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 (the criminal defendant is subject to criminal punishment for sexual crimes);

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