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(영문) 광주지방법원 2015.06.12 2015고합141
미성년자의제강제추행
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

[criminal record] On January 20, 200, the defendant and the person subject to a request to attach an attachment order (hereinafter "defendants") have been sentenced to two years and six months of imprisonment with prison labor in Seoul High Court due to a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape, etc. of Minors) and two years and six months of imprisonment with prison labor in Gwangju High Court on March 18, 2004 and two years and six months of imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape, etc. of Minors under thirteen years of age).

【Criminal Facts】

On March 24, 2015, 15:45, the Defendant: (a) laid the victim D (Woo, 9 years of age) at the c apartment playground in the Gwangju Mine-gu, 15:45, and laid the back seat of the Defendant’s low-speed car owned by the Defendant and then laid the back seat of the Defendant’s vehicle located in the vicinity of the playground, and, (b) laid the victim’s back, hack, hack, and macks the part into his hands, and (c) caused the victim to kis on the part of the Defendant’s view, and led the victim to kis on the part of the Defendant’s kis; and (d) committed indecent act against those under the age of 13 by kising the victim into the kis.

[Judgment of the court below] The defendant committed a sexual crime on two or more occasions, and the defendant committed a sexual crime against the victims under the age of 19 and is likely to recommit a sexual crime.

Summary of Evidence

The remaining facts of the judgment excluding the previous conviction

1. Any statement made by the defendant in a part appropriate for such statement in this Act;

1. The statement of the victim recorded in the video recordings;

1. A statement prepared by a prosecutor that makes it appropriate among written opinions about sexual harassment cases against children of nine years of age;

1. The suspect may use his/her vehicle photograph, photograph of the place of crime, etc. taking into account all the images suitable for such photograph, and the facts of his/her previous offense before the judgment;

1. The Gwangju High Court Decision 2004No59, the Gwangju District Court 2003Gohap310, the Seoul High Court 99No301, the North Korean Branch of the Seoul District Court 99Gohap275.

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