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(영문) 청주지방법원 2017.02.17 2017고합6
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is a disabled person of the second degree of intellectual disability.

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against a minor under the age of 13) the Defendant, at around September 23, 2016, at the front of the education hall of “D church” in the petition Gu C at the Cheongju-si on September 23, 2016, reported the victim E (if known, 12 years old) who is seated by the chair, and sit in the victim’s side, and only knee of the victim, and “The knee of the flac is produced.”

I think that the victim's grandchildren were on the chest of the victim, and the victim was forced to commit an indecent act against the victim under 13 years of age by taking the victim's grandchildren into consideration.

2. On September 24, 2016, the Defendant forced indecent act: (a) reported the victim H (V, 32 years of age) who passed through “G” on the front side of “G” located in the petition-gu, Cheongju-si, Cheongju-si; (b) followed the victim; (c) prevented the victim from being injured by one hand after the victim’s back; and (d) committed an indecent act by force against the victim by saving another hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Afforestation stenographic records of the victim E;

1. Arrest report of the occurrence of the case, arrest report of the victim at the scene of the incident, written opinion of experts in the case of sexual assault against children with disabilities, investigation report (attached to the reporter's interview, CCTV and field photograph), photographs of CCTV images, internal photographs of the church and report of persons assisting statements

1. Application of statutes on a copy of a welfare card;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, Article 298 (Indecent Acts by Forced Minors under 13 years of age, Selection of Punishment of Imprisonment), Article 298 of the Criminal Act and Article 298 of the Criminal Act (Indecent Acts by Force, Selection of Punishment of Imprisonment);

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [to the extent that the punishment is aggregated with the long-term punishment of the above two crimes];

1. Articles 53 and 55(1)3 of the Criminal Act (Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing).

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