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(영문) 부산지방법원 동부지원 2017.04.18 2017고합30
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

Defendant is a non-permanent position.

In addition to the money left by the victim C and the victim D's body with poor body, the defendant did not have any other care in the house of the defendant living in the same multi-household and did not want to commit indecent acts against the victims by advertising the defendant's home living in the same multi-household, while playing frequently in the same house.

1. The Defendant’s indecent act against the Victim C was committed in the Defendant’s house kitchen located in Southern-gu, Busan-gu, Busan-do on the date of influence, and was off of the Defendant’s house’s clothes under the Defendant’s house C (V, 6 years of age) and took off the Defendant’s house, and the part of the Defendant’s fingers and the part of the Defendant’s fingers and the part of the Defendant’s house was taken off.

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

2. On October 2016, the Defendant forced the victim D to commit an indecent act by force: (a) on the part of the victim D, who was able to play in the Defendant’s house and television; and (b) on the part of the victim D (Vs, 7 years old); (c) on the part of the part of the victim D (Vs), knicked the victim’s hand in his/her clothes; and (d) on the part of the part of the victim D (Vs, 7 years old) kisck.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing C or D's respective statements and recording records recorded in video recording CDs;

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

2. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Heavy C];

3. 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).

4. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for the reasons for sentencing):

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

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