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(영문) 대구지방법원 김천지원 2018.04.03 2018고합13
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The punishment of the accused shall be determined by two years and six months of imprisonment.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. On July 27, 2017, the Defendant committed the crime against the victim C: (a) around July 27, 2017, the Defendant Da203, the Defendant’s residence of the Defendant, and (b) on July 203, 201, the Defendant saw the victim from behind the Plaintiff’s body while playing the film, such as the Victim C (A, 8 years old); and (c) on the part of the Defendant, the Defendant her chest was her chest with the victim’s vessel

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

2. The Defendant committed a crime against the victim E in the place described in No. 1 at around 15:00 on the date 2017, and opened the victim E (five years of age) at that place, and had the victim dance in line with the victim’s view, and had the victim danced.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records (victim C's statement);

1. Investigation report (for making stenographic records after the investigation of damage by the E), and stenographic records;

1. Application of internal investigation reports (as regards the situation of damage and the attachment of the forest to which the damaged area is attached) and respective forest-related Acts and subordinate statutes;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof, and Article 298 of the Criminal Act;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes prescribed in the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims C with heavier punishment (the indecent act by a minor under 13 years of age)];

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in consideration of the conditions favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for a favorable reason):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

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) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse [the Defendant’s age and society indicated in the record]

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