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(영문) 대전지방법원 홍성지원 2013.09.06 2013고합27
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, as a foreign worker of the Republic of Bangladesh’s nationality, committed an indecent act against the victim who is a minor under the age of 13 by force, on April 28, 2013, at the home of the victim D (Inn, 11 years old) located in Chungcheongnam-gun budget C, the Defendant committed an indecent act against the victim, who is a minor, under the age of 13 by force, by using the cres in Korean to the victim’s mother, and by inserting his hand into the victim’s clothes together with the victim’s mother.

2. On May 5, 2013, the Defendant moved to F in Chungcheongnam-nam Budget Unit E in order to take a locking rest among Korean language at the home of the above victim on May 5, 2013. At that time, the Defendant discovered the victim who was playing in the above F, by using the cresh in which there is no human resources, forced to put the victim into the victim into the victim’s clothes, forced 2 to 3 times more than 2 to 3 times, brought the victim’s grandchildren to the Defendant’s sexual flag, and by force, committed an indecent act against the minor victim under 13 years of age by force.

Summary of Evidence

1. Each legal statement of witness G, H and D;

1. Application of Acts and subordinate statutes to a foreigner registration certificate and employment permit for foreign workers;

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) and Article 299 of the Criminal Act concerning criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes as provided for in Article 2 of the Judgment with heavier punishment);

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. Where a foreigner who has not been ordered to complete a program becomes final and conclusive and conclusive, the Defendant shall be forced to leave his/her imprisonment without labor or greater punishment pursuant to the Immigration Control Act.

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