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(영문) 서울북부지방법원 2020.06.19 2020고합90
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who works as a victim B (a family name, 9 years of age, female) and a victim C (a family name, 10 years of age, female).

1. Crimes against the victim B;

A. On April 2019, the Defendant expressed that the victim would be specially and separately responsible for the victim, who notified the Defendant of the function of the Kakakao Stockholm in the security room adjacent to the security room of Dobong-gu Seoul Metropolitan Government E, and committed an indecent act against the victim under the age of 13 by forcing him/her to use the victim’s right bridge with his/her hand without the consent of the victim.

B. On June 5, 2019, at around 16:00, the Defendant committed an indecent act against the victim under the age of 13 by putting the victim a ice cream in the vicinity of “G” located in Dobong-gu Seoul Metropolitan Government, with the victim’s left shoulder, without the victim’s shoulder, and putting the victim’s chest on his/her hand.

2. On June 7, 2019, around 11:00 to 12:00 on June 7, 2019, the Defendant committed a crime against the victim C (a) by “I Middle School located in Dobong-gu Seoul, Dobong-gu, Seoul.” The Defendant committed an indecent act by force against the victim, who was under 13 years of age, with the victim’s left side friend and friend part of the frist, left side friend and friend part of the frist, while the Defendant was carrying the victim on the JM6 car operated by the Defendant and was in the vicinity of the JM6 car.

Summary of Evidence

1. Partial statement of the defendant;

1. The written statement of the defendant;

1. Each police stenographic record with respect to B, C, and L;

1. Each video CD;

1. Application of Acts and subordinate statutes to written opinions of experts in statement analysis;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020) and Article 298 (the point of indecent act by compulsion of minors under the age of 13, and the choice of imprisonment) of the Criminal Act;

1. The former part of Article 37 and Article 38 (1) 2 of the Criminal Act to increase concurrent crimes;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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