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(영문) 인천지방법원 2019.03.22 2019고합63
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of the vehicle of the "social welfare foundation" where the victim B (a family name, a female, 14 years old) and the victim C (a family name, a female, 10 years old) live.

1. On August 16, 2018, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by compulsion under the age of 13) committed an indecent act by force against C by force against the victim under the age of 13, who was standing in front of the building D at Sinung-si, under the pretext of allowing C to leave the victim’s bridge in front of the building D at Sinung-si with the head of steering the victim’s kys, and doing harm to his will.

2. The Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, committed an indecent act by force against C at the time and place specified in paragraph (1) above, and committed an indecent act against B, which is a juvenile, on the pretext that he/she forced C to commit an indecent act at the victim B by entering the victim B as the chief supervisor of the victim B, on the pretext that he/she would harm his/her will.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (a CCTV analysis for crime prevention);

1. A report on internal investigation (a statement and stenographic records attached) (a statement made by a victim B and a victim C);

1. Application of Acts and subordinate statutes to a criminal investigation report (the second investigation and stenographic record of a victim) (the attachment of a transcript);

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by Sexual Crimes, Article 298 of the Criminal Act (the occupation of indecent acts by compulsion against minors under the age of 13 and the choice of imprisonment), Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act;

1. Of concurrent crimes, an aggravated punishment as 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 (13 years of age or less)

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.

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