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(영문) 서울남부지방법원 2020.04.17 2019고합490
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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

On March 2018, the defendant became aware of the parents of the victim D (one person, seven years of age) through C meetings in the public health clinic around B018, and became aware of the parents of the victim D through C meetings.

1. Around 20:30 at the end of February 2019, the Defendant used the victim’s body by bringing the victim’s arms who were sitting in the Defendant’s side knee, including the victim’s parents, into the Defendant’s knee, and knee, knee in the Defendant’s knee, without any justifiable reason, while the Defendant took a meal at “F” restaurant located in Seoul E.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under thirteen years of age);

A. On March 2019, the Defendant, at the car page of “H” in Seoul, committed an indecent act by force against the victim by inserting the Defendant’s hand between the victim’s bridge and inserting the Defendant’s sexual organ into the victim’s sexual organ.

B. On March 19, 2019, the Defendant: (a) around 14:00 on March 19, 2019, at the victim’s dwelling room located in Seoul I, members of C gatherings, including the victim’s parents, divided the victim’s parents into a room inside the above dwelling space; (b) on the part of the victim, on the part of the victim, on the part of the victim, on the part of the victim, on the part of the victim, on the part of the victim, on the part of the victim, on the part of the victim, on the part of the victim, on the part of the victim, on the part of the victim, on the

Summary of Evidence

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

1. A statement of D contained in each video tape CD (Evidence Nos 11, 24 of the evidence list);

1. Written complaint by J;

1. Application of Acts and subordinate statutes to report internal investigation, telephone conversations for reference, investigation report (verification of the place of violence), investigation report (the confirmation of text messages sent by a suspect after committing a crime) and text messages;

1. The occupation of a minor under the age of Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the facts constituting an offense, and the occupation

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