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(영문) 광주지방법원 2019.05.08 2019고단799
미성년자의제강제추행등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. The Defendant: (a) around June 1, 2015, at the time of the first instance of the lower court on June 2015, the Defendant committed an indecent act by compulsion of a minor by compulsion of a minor: (b) the victim C (a) and the victim D (a person under nine years of age), who was in the Massung-gun Group B (a person under nine years of age), by taking advantage of the situation in which the victim’s guardian was in his/her residence; (c) hick the victims; (d) hick the victim’s own C while in the living room located in the said living room; and (e) hick the female’s view; and (e) kid the victim’s k on the side of the victim D who continued to sit on the floor of the said dwelling area; and (e) hucks and bucks of the victim with his/her her kick; and (e) hick the victim’s k on the part of the Defendant.

2. Around 15:00 on October 25, 2018, the Defendant damaged the use of property in a way that the Defendant would not use the Defendant’s sexual flag, saves, and saves by making use of the gap in which there is no other person in the same residential area as that of paragraph (1), and would make the victim C, who was suffering from the Defendant’s saves, and saves as soon as possible, in a way that he could not use the Defendant’s sexual flag, saves, and saves.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of the integrated support center for victims of sexual assault;

1. The application of Acts and subordinate statutes, such as a letter of request for appraisal (No. 20, 24);

1. Relevant Articles 305 and 298 of the Criminal Act, Article 366 of the Criminal Act and the choice of punishment for the crime, Articles 305 and 298 of the Criminal Act, the choice of imprisonment;

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

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

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

1. Reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse - favorable circumstances: The defendant's mistake is recognized, and the defendant is two times of crimes of different types.

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