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(영문) 창원지방법원 2016.05.19 2015고합264
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)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 September 11, 2015, at around 18:30, the Defendant discovered the victim D (8 years old) with a minor who was in front of Kimhae-si apartment C apartment 102, and was under the influence of alcohol, and was influenced by a minor, who was in front of 102, in order to see the victim’s right to walk, and the victim’s right to walk towards the victim’s own hand, she spared the victim on the floor, and she spared the victim’s sexual organ on his/her hand, and committed an indecent act against the minor.

2. On September 21, 2015, the Defendant discovered the victim G (V, 18 years old) who was a juvenile waiting for a bus under the influence of alcohol at the front bus stop located in Kimhae-si, Kim Jong-si on September 21, 2015, and found out the victim G (V, 18 years old) who was a juvenile waiting for the bus, and committed an indecent act against the victim, who was a juvenile, by force, by making the victim’s her own hand her her her her sent, and by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to H, I, and G;

1. Stenographic records;

1. Application of Acts and subordinate statutes to report on investigation (on-site inspection and attachment of CCTV data);

1. Relevant Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (the fact that a minor is forced to commit an indecent act under the age of 13, the choice of imprisonment), Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the fact that a juvenile is forced to commit an indecent act and the choice of imprisonment);

1. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes prescribed in the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (the indecent act by a minor under the age of 13];

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. When considering the proviso to Article 21(2) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant, as a person with a hearing disability, seems to be difficult to properly implement an order to attend a lecture, he/she shall be the defendant.

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