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(영문) 서울서부지방법원 2020.02.13 2018고합89
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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

On January 4, 2018, the Defendant: (a) at the waiting room of the second floor of the C Station in Suwon-si, Suwon-si, Suwon-si, and (b) on November 2006, the victim D (at the age of 11) who is seated in the passenger waiting room; (c) was born in November 2006; (d) thus, the 12 years of age in written indictment is written in writing.

I am on the left side of the victim, and am on the right shoulder of the victim by a sudden hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Stenographic records;

1. Report on internal investigation (on-site situation, etc.) and investigation report (the CCTV confirmation case in case of a person committing a crime);

1. The Defendant asserted that he was only the victim’s shoulder with the knowledge of the victim’s shoulder, on the face of the crime scene, and the crime scene CD, but according to the evidence, such as CCTV images installed in the C Station, etc., it is recognized that the Defendant, even though the victim was seated back to the victim’s seat, was moved back to the victim’s seat, the Defendant was able to have the victim sat down and sat down his own shoulder, and the Defendant was sat down and sat down the shoulder of the victim.

Application of Statutes

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with prison labor;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(d) A reduction element of a sex offense subject to the age of 13 [Type 3] and a indecent act by compulsion (a special person): Where the degree of indecent act is weak (the recommended field and the scope of recommendations), the reduction range of mitigation area, and two years through five years of imprisonment;

3. Determination of sentence;

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