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(영문) 수원지방법원 성남지원 2019.04.30 2019고단331
미성년자의제강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant was her mother and living together with the victim B (here, 10 years of age) and became aware of the victim.

1. On July 2017, the Defendant committed an act of booming the victim in the room of the victim, who is the head of the building C in Gwangju Metropolitan City, Gwangju Metropolitan City.

2. A around 2017, the Defendant committed a crime involving A around 2017: (a) while showering at the place under the foregoing paragraph (1) at around A, around 2017, and demanded “the victim to meet”, and (b) caused the victim to talk with the victim’s negative part.

Accordingly, although the defendant knew that the victim is under 13 years of age, he committed an indecent act twice.

Summary of Evidence

1. Defendant's legal statement;

1. A victim’s statement video CD;

1. Application of Acts and subordinate statutes to stenographic records (victims) or data attached to a criminal investigation report (in the case of video recording of statements),

1. Relevant Articles 305 and 298 of the Criminal Act and the choice of punishment for the crime, and 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. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. If a conviction of a sex offense subject to registration becomes final and conclusive as to the registration and submission of personal information under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) and the main sentence of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018), the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the Defendant

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, and the expected side effects and side effects of the defendant's disadvantage.

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