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(영문) 창원지방법원 마산지원 2017.08.25 2017고합45
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 28, 2017, at around 18:49, the Defendant was taking a bath in D public bath located in C public bath located in C public bath in Changwon-si, Changwon-si, Changwon-si. Before the towing, the Defendant discovered that the Defendant was aware of the victim E (12 years old) at which the Defendant had been aware of performing his/her bath from the above public bath to his/her old death and had the intent to commit an indecent act against the victim.

The defendant, at around 19:20 on the same day, has completed a bath at the above bath and has been in custody of clothes, will do so.

At the same time, the victim was placed in the floor of the body room in the above bath room, but the victim refused to do so, and the victim was placed on the floor of the body room. The victim's shoulder was shacked and was placed on the tightly fish floor.

Since then, although the defendant again asked the victim about whether the victim's sexual organ was met, and the victim was rejected, the victim's buck and panty at the same time did not go to the buck area, and the victim's sexual organ was bucked with the victim's sexual organ, and the victim's sexual organ was bucked with the victim's sexual organ, and the victim's sexual organ was bucked with the victim's sexual organ, and the victim's sexual organ was bucked with the victim's sexual organ, and the victim's bucked with the victim's sexual organ and the victim's bucked with the victim's sexual organ.

Accordingly, the Defendant committed indecent act against the victim under 13 years of age by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Expert opinion;

1. Application of the Acts and subordinate statutes to report internal investigation and investigation;

1. Relevant Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Orders to observe protection and attend lectures;

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