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(영문) 창원지방법원 2018.11.29 2018고합192
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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 June 7, 2018, around 08:58, the Defendant asked D (one-year old) of the victim D (one-year old), who is attending a school in front of the building 26, Kimhae-si, Kim Jong-si, 2018, where the location of the Dong office is located, and then pushed his hand in front of the victim’s face, and then “Isn't sn't.e., how Isn't have a flue.

‘The question is whether the arms were shouldered by the damaged person, and the victim’s her her m/her mar was used towards the lower end by making the her m/her mar.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of D police statements;

1. Written petition of D;

1. Green forest under D's survey;

1. A internal investigation report (the confirmation of CCTV images, if the person was suspected of committing the crime), CCTV images to capture CCTV images, and CCTV images storage CDs;

1. In-house report (to track a suspect’s dynamic system, such asCCTV analysis), CCTV images-cape photographs, and CCTV storage CDs;

1. A report on internal investigation (the search of suspected persons who are the other party of the EM business) and a photograph of the closure of CCTV images;

1. A report on internal investigation (the analysis of CCTV for the purpose of crime prevention - the confirmation of the residence of the person suspected of committing crime - the closure of CCTV images for the purpose of crime prevention);

1. Report on internal investigation (F building A's confirmation of the original household of the same household), data on the head of F loan household and three members, and Defendant's license photograph;

1. Report on investigation (Attachment of clothes worn by the person under investigation at the time of committing the crime), application of the Acts and subordinate statutes to photograph of the defendant;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. The proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure and notification;

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