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(영문) 인천지방법원 2019.04.26 2019고합65
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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

around 18:25 on June 23, 2018, the defendant found the victim D (name, south, and 6 years old) and the victim E (name, south, and 8 years old) playing in the apartment playground located in the Nam-gu Incheon Metropolitan Government apartment site B apartment site on the street, and caused the victims to enter the victim into the victim's scam so that he would buy the scam," and let the victims sit back to the victim's scam with the victim's scam, and the victim E "I do not have any scam," "I have to do so," and "I have to do so," the victims D have been installed in order to keep the victims in front of the victim's convenience and open the victim's scambling and open the victim's scam to the victim's scam, and keep the victim's scam, which had been installed in front of the victim's convenience store, and let the victim do not go back to the victim's s pam.

Accordingly, the defendant committed an indecent act against the minor victims under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of Acts and subordinate statutes on CCTV image data;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Protection of children and juveniles against whom an employment restriction order is issued;

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