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(영문) 수원지방법원 안산지원 2015.07.10 2015고합17
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On July 14, 2014, from around 18:00 to around 19:00, the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”) were sitting on the knee knee kne kne kne kne kne in Ansan-gu in Ansan-si (hereinafter referred to as the “instant play kne”). The victim D (V, 6 years old) was kne kne kne kne kne kne, and the victim’s kne kne kne kne kne kne kne kne kne kne was hned with the victim’s kne kne.

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

2. On the day between the spring of 2014 and September 2014, the Defendant used the Defendant’s arms, legs, bucks, and bucks around the instant playground at one’s own house located near the instant playground. The said victim was able to find out the Plaintiff’s arms and legs, knicks, bucks, and bucks.

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

Summary of Evidence

1. Legal statement of witness E;

2. The police statement of E;

3. Stenographic records of D.

4. Application of statutes on experts' written opinions on sexual assault cases against children with disabilities;

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;

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Article 62 (1) of the Criminal Act;

5. The main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

6. The fact that the Defendant appears to have committed each of the crimes of this case in a dynamic manner while leaving the victim under 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, which had no record of being punished for sexual crimes, and that the Defendant has no record of being punished for sexual crimes.

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