(영문) 광주지방법원 2020.05.08 2019고합544

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(영문) 광주지방법원 2020.05.08 2019고합544

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 19, 2019, around 16:34 on June 19, 2019, the Defendant sent back to the victim C (Ga name, leisure, 10 years old, 10 years old, hereinafter the same shall apply) and the victim D (old name, leisure, 9 years old, hereinafter the same shall apply).

1. After stating that the Defendant committed the crime against the victim C, the Defendant told the victim that “the victim would be in bad faith,” brought about the victim’s hand, etc., and had the victim sustain the victim’s hand, etc.

Then, the defendant is to contact the victim's appearance with the victim's fingers, make the victim keep in contact with the victim's hand, etc., and to sustain the victim's hand, etc. in the situation where the victim's face is taken by hand.

2. After stating that the Defendant committed the crime against the victim D, the Defendant: (a) told the victim that “the victim would be in bad faith; (b) knife the victim’s hand, etc.; and (c) led the victim to sustain the victim’s hand, etc.

Then, the defendant met with the victim's appearance and view, regardless of the victim's awareness, and made the victim be faced with the victim's appearance and be faced with the victim's view.

Ultimately, the Defendant committed an indecent act by assault against the victims who are under 13 years of age as stated in paragraphs 1 and 2.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Each statement made by the victim C and D recorded in the stenographic records of each E center;

1. A report on receipt of the case of school violence (including the statement, etc. of a witness to the crime of this case);

1. The application of CCTV image data in apartment parking lots, investigation report (hereinafter referred to as "CCTV image data analysis"), and attached photograph statutes;

1. A series of indecent acts committed after the crime constitutes a so-called indecent act by assaulting the victim's hand, etc., even though the defendant's initial act of suffering from the victim's hand constitutes a so-called indecent act by assaulting the victim's hand, in addition to the pertinent legal provisions on criminal facts and the choice of punishment.

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