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(영문) 서울동부지방법원 2015.04.02 2015고합23
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
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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

The defendant is a DNA weekend farm manager located in Gangdong-gu Seoul Metropolitan Government.

From May 2013, the Defendant became aware of the victim E (the 11 year old age), using part of the said farm as the mother of the victim E (the 11 year old).

On August 30, 2014, the Defendant: (a) around 15:20 on August 30, 2014, at the end of the pertinent weekend farm, the victim called “I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am.”

The defendant continued to scam the victim's shoulder, scam the victim into the container after the above farm, scam the victim by force, scam the victim in the container, scam the victim in the lock of the victim, scam the times, scam the victim's scam, scam the victim's clothes, and scam the victim's chest who intends to get out of the farm while refusing to do so.

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

Summary of Evidence

1. Defendant's legal statement;

1. Partial entry of the suspect interrogation protocol of the defendant by the prosecution;

1. E statements;

1. On-site photographs;

1. Application of the written opinion statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., the main sentence of Article 21 (2), Article 21 (3), (4) and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Articles 49 (1) and 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are ordered to disclose or notify;

1. Imprisonment with prison labor for the range of applicable sentences from 2 years to 15 February.

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