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(영문) 창원지방법원 통영지원 2018.11.15 2018고합78
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 14, 2018, at around 16:10, the Defendant was waiting for female children to enter, with a scale to see the front of the urine and the front of the urine, within the three-story public toilets for male and female business building in C apartment buildings in common, in common, around 16:10.

Although the victim D (the name, fring, 9 years old) who is a person under 13 years of age entered a toilet intends to show his or her sexual organ by returning his or her body, the defendant, without seeing himself or herself, tried to open the door immediately by entering the third common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common people

As a result, the Defendant invaded against the victim's will in the room room which is owned by the victim, and committed an indecent act against the victim who is under 13 years of age by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. The statement of the victim recorded in video recording CDs;

1. A report on the occurrence of sexual assault, each internal investigation report, and each investigation report;

1. Statement and analysis opinion;

1. 112 Reporting case handling table;

1. Each photograph;

1. Application of CCTV and video CD-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 7(5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 (a) of the Criminal Act (a point of an indecent act by force against minors under the age of 13), Article 319(1) of the Criminal Act (a point of intrusion by force), and choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of the crimes specified in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act on the Punishment, etc. of Sexual Crimes with heavy punishment (aggravating concurrent crimes within the scope of the sum of the long-term punishments of the crimes specified in the crimes concerning the punishment, etc. of sexual crimes with heavy

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 (the following sentence grounds are favorable.

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