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(영문) 대구지방법원 서부지원 2019.10.24 2019고합166
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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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

1. A defendant who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by compulsion of the age of 13) in Daegu-gu on June 4, 2019:

B. The victim C (one year old, ten) who passed the place on the road in front was found rapidly.

The Defendant committed an indecent act by inducing the victim using the fact that the victim's age lacks the ability to distinguish and judge, and even if he commits an indecent act because of the lack of social and sexual distinction ability, he did not easily inform others of the fact of damage.

After driving away from about 100 meters away by the Defendant, the Defendant got off his cell phone, and she got off his/her cell phone, and the victim borrowed his/her cell phone to the Defendant without any doubt.

The defendant, who was approaching the victim, forced the victim to take the right side of the right side of the victim, forced the victim to take the victim's hand into the main body of the defendant, and forced the victim to take the victim's hand toward the Defendant's sexual flag.

Accordingly, the defendant committed an indecent act by force against a child under 13 years of age.

2. No person shall photograph another person's body against his/her will, using a camera or any other mechanical device equipped with similar functions, which may cause sexual humiliation or sense of shame;

On June 4, 2019, at around 16:33, the Defendant took a photograph of the victim C (tentative name, leisure, 10 years of age) behind the victim’s side side of the E elementary school located in Daegu-gu, Daegu-gu, and taken a picture of the victim’s side of the bridge using the Defendant’s cell camera function as the camera of the mobile phone, and on three occasions on June 4, 2019, such as the list of crimes in the attached list of crimes.

Accordingly, the defendant may cause sexual humiliation or shame by using a cellular phone with a camera function.

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