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(영문) 서울동부지방법원 2017.05.11 2017고합75
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)
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

From November 19, 2016 to 08:50, the Defendant discovered the victim E (the age of 12) who locked with his family within the soup room located in Seongdong-gu Seoul, Seongdong-gu, Seoul, to find out the victim E (the age of 12) and then came up under the victim's growth. After taking back the victim, the Defendant was in charge of several times of the victim's birth in a situation where he was unable to resist because he was able to resist, and continued to enjoy it in the next direction, the victim F (n, 7 years of age) who is the birth of the above victim in a situation where he was unable to resist, was able to resist, and the victim was knick back and kn the victim's kneep back, and kn's kn's kn's kn's k's k's k's k's k's k's k's k'

Accordingly, the defendant committed an indecent act against a minor under the age of 13 by taking advantage of the victim's resistance impossibility status.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A H statement;

1. Each video recording CD (E and F’s respective statements);

1. A report on internal investigation (verification of CCTV images in an generated place);

1. Application of CCTV-related Acts and subordinate statutes to C commercial buildings, Drupbry, or CCTV-related Acts and subordinate statutes;

1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which are applicable to the crimes;

1. Aggravation of concurrent crimes prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [an aggravated punishment for concurrent crimes prescribed in the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims F with heavy criminal standing (an aggravated punishment for 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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