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Reasons
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(영문) 제주지방법원 2018.02.08 2017고합174
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant obscenity of a public performance, at around 07:55 on May 9, 2017, set off his/her windows, and laid off his/her sexual flag, without making it possible for people to be seen by him/her to sit in the driver’s seat of the Fabured vehicle owned by the Defendant, parked in D, E, or front way, located in D, E, or in the front direction.

By doing so, the act was publicly obscene.

2. On June 12, 2017, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a indecent act by force against a minor under the age of 13) stated that the Defendant, at around 16:15 on June 12, 2017, she forced a minor under the age of 13 to commit an indecent act by allowing the victim I (the age of 9, n, n, and Ga) who was passing the place to sit on the driver’s seat of the FA-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement by the police concerning L;

1. Records of investigation of damage;

1. Application of relevant Acts and subordinate statutes to each relevant photograph;

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the point of obscenity of the selective performance of a punishment: Article 245 of the Criminal Act / [Selection of Imprisonment] In cases of indecent conduct committed by a minor under the age of 13: Article 7 (3) of the Criminal Act and Article 298 of the Criminal Act / [Selection of Imprisonment]

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.

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