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(영문) 창원지방법원통영지원 2020.09.17 2020고합6
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who lives in the same Dong and Dong as the victim B (the female, 8 years of age, 199).

On July 15, 2019, at around 18:00 on July 15, 2019, the Defendant: (a) discovered the victim who is an elementary school student and his friendship, and attempted to commit an indecent act against the victim; (b) stated that the victim is “day off”; and (c) stated that the victim is “day off”, the victim was unfolded with his/her her her son, and her son was able to write down his/her her her son, and her son’s

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

Summary of Evidence

1. Application of Acts and subordinate statutes to a CD investigation report on the contents of witness’s oral statement ( listening to a shoter’s statement and attaching a recording file), a CD, a video-faf photograph, an expert opinion on a sexual assault case against children under the age of 13, and a CD investigation report on witness’s oral statement;

1. Relevant Article of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Article 298 of the Criminal Act

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for 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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019)

1. As to the facts constituting a sex offense subject to registration and submission of personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 59-3(1) of the Welfare of Disabled Persons Act; Article 29-3(1) of the Child Welfare Act (Amended by Act No. 16248, Jan. 15, 2019).

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