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(영문) 서울동부지방법원 2015.09.10 2015고합173
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)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

1. On February 15, 2015, the Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (i.e., minor quasi-act by compulsion under the age of 13), brought the body of the victim E (i.e., 7 years old) who takes up a soup and soup at the time of the soup and soup, in depth, around 04:33, 2015.

Accordingly, the defendant committed indecent acts by taking advantage of the state of non-performance of minor victims under 13 years of age.

2. The Defendant continued to commit indecent acts by compulsion, and the victim F (the victim F (the victim 40 years of age), who was the mother of the above E, met one time by hand, and the victim G (the mother of the above E, the 37 years of age) met at one time in his/her hand.

Accordingly, the defendant forced victims to commit indecent acts.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G, F, and E;

1. Application of CCTV image data CDs, investigation reports (a CCTV analysis on the suspect's criminal process), investigation reports (Attachment of a brying CCTV screen photograph) (Attachment of a brying CCTV screen photograph), and the Acts and subordinate statutes that capture CCTV screen photographs;

1. Relevant provisions of the Criminal Act and Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act (the occupation of quasi-indecent acts by compulsion of minors under the age of 13, the choice of imprisonment), Article 298 of each Criminal Act;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes resulting from a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with the largest punishment (13 years of age),

1. Mitigation of discretionary mitigation under Articles 53 and 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 consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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