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(영문) 서울북부지방법원 2012.12.07 2012고합517
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 15:00 on June 2012, the Defendant found D (11) who was fluencing an abrupt subject in the mouth C in Gangnam-gu, Gangnam-gu, Gangnam-gu and found D (11 years of age) who went alone, exceeded and shows her gender, and showed her arms. The Defendant laid the victim’s arms to the public.

2. On June 11, 2012, the Defendant: (a) around 11:15, the Defendant: (b) was hiding in a second male toilet of the F elementary school in Gangnam-gu E, Gangnam-gu; (c) the victim, who wishes to enter the toilet with two friendlys, with two friendlys; (d) the victim, “at the age of 9, to give money to the public.” (e.g., to give money to the public.)” and (e) made a publicly obscene act by expressing

3. On June 22, 2012, around 22:00, the Defendant discovered the J (10 years of age) to return home while wearing a test mack at the entrance of the Association at the Gangnam-gu Hamb, Gangnam-gu, and colors the hidden subject, and subsequently publicly obscenityd the Defendant’s sexual intercourse.

4. Around 22:00 on June 14, 2012, the Defendant discovered L (12 years of age) which was hidden in the stairs of the first floor of the K building in Gangnam-gu, Gangnam-gu, Seoul, and subsequently, found L (12 years of age) which was living alone, and the Defendant used publicly obscene act by showing his sexual flag lowers.

5. On June 29, 2012, the Defendant: (a) discovered the remainder of name in the N Elementary School parking lot located in Gangnam-gu M; and (b) found the remainder of name in the name of the Defendant; and (c) displayed n’s sexual organ and openly obscene act by expressing n’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. Records in each protocol against D, G and J;

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs, school security service place;

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, among concurrent crimes, shall be more severe.

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