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(영문) 수원지방법원 평택지원 2017.01.23 2016고합129
미성년자의제강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment is suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On April 30, 2016, at around 18:10 on April 30, 2016, the Defendant: (a) to the Victim G (Vin, 8 years old) (hereinafter referred to as “Lin, 8 years old”) who passed the place on the alley side of the F convenience store located in Pyeongtaek-si E.

The term "Ick as Ick, Ick," and "Ick, Icker, Ick the victim's alley path with no human being, and show panty panty, and "Ick," so that Icker can only 1 minute of the defendant's sexual organ.

2. On May 17, 2016, the Defendant, at around 18:30 on May 17, 2016, was passing from the alleyway adjacent to the Defendant’s residence located in Pyeongtaek-si H, with the Defendant “Iskh stife other strings.”

In addition, “the victim has induced the victim to the alleyway without human resources,” and “the panty shows his or her sexual organ by hand, in front and rear,” so that the victim can have approximately 1-2 minutes of the Defendant’s sexual organ.

Accordingly, the defendant committed indecent acts against the victim under 13 years of age on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing stenographic records of the Gyeonggi Sea Center;

1. Relevant provisions of the Criminal Act and Articles 305 and 298 of the Criminal Act concerning the selection of punishment;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes committed by a minor on May 17, 2016, with a more severe penalty)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 21 (2) and (4) of the Act on the Protection and Observation of Children and Juveniles against Sexual Abuse and Order to Attend Courses;

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which is not a crime against many unspecified persons, the Defendant’s age, occupation, social ties, circumstances leading to the instant crime, details of the instant crime, and the degree of disadvantage that the Defendant suffers due to the instant disclosure order or notification order.

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