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(영문) 부산지방법원 서부지원 2019.05.02 2018고합259
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 19, 2018, the Defendant: (a) entered the said apartment joint site in order to report the victim D (n, 8 years old), E (n, 5 years old) who returned home in front of the Busan Northern apartment Cdong on August 19, 2018; and (b) entered the said apartment joint site in order to commit an indecent act against the said apartment; and (c) went into the elevator.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, Minors, etc., who are under thirteen years of age) and the Child Welfare Act (in the time and place specified in paragraph (1) of this Article, the victims were aboard the said elevator, and the victims got off their sexual organ before the victims.

As a result, the Defendant committed an indecent act by force against a minor under the age of 13, and at the same time committed sexual harassment that causes a sense of sexual shame to a child.

Summary of Evidence

1. Partial statement of the defendant;

1. Stenographic records of each damaged statement made to D or E, and each video recording CD;

1. Reports on internal investigation (in relation to the particulars of receipt), reports on internal investigation (in-depth investigation), reports on internal investigation (in-house CCTV analysis results), reports on internal investigation (in-house CCTV analysis results), and reports on internal investigation by each intermediary;

1. CCTV storage CDs;

1. Application of the relevant forest-related Acts and subordinate statutes to the victim D at the time of damage;

1. Article 319(1) of the relevant Act on the Punishment, etc. of Sexual Crimes (the point of entering residence) and Article 7(5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes are omitted in the application of the provisions of this part of the indictment, but it appears to be due to mistake, and even if a prosecutor is punished by applying the provisions of the main sentence in accordance with the purport of instituting a public prosecution, it does not infringe the defendant's right of defense. Thus, the provisions of the main sentence without changing the indictment shall apply.

[Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act in Minor, etc.)], Article 71(1)1-2 and Article 17 subparag. 2 of the Child Welfare Act (in a case of sexual abuse)

1. Article 40 of the Criminal Code of the Commercial Competition.

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