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(영문) 제주지방법원 2019.07.11 2019고합69
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 19, 2017, the defendant was admitted to Jeju as a foreigner of Chinese nationality, and the period of stay expires on December 19, 2017 after entering the Jeju as a qualification for tourism and Tong(B-2).

At around 14:20 on April 24, 2019, while the Defendant was drunk at the Jeju-si B apartment playground, the Defendant tried to commit an indecent act by force against the victim C by using the victim C by using her hand, while she went to the following back of the flocks and played in front of the locks, and she tried to commit an indecent act by force by using her hand. However, the victim C did not have the Defendant’s hand and her escape.

계속해서 피고인은 놀이터 옆 샛길에서 혼자 전화통화를 하고 있는 피해자 D(가명, 여, 12세)를 향하여 다가가다가 피해자 D가 피고인을 피해 지나가려 하자 손으로 피해자 D의 어깨 부위를 잡아 가지 못하게 한 다음 팔로 피해자 D의 어깨를 감싸 안았다.

Accordingly, the defendant tried to commit indecent acts by assaulting the victim C under the age of 13 by indecent acts, and the victim D under the age of 13 by indecent acts by assault.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of each victim;

1. Video recording CDs on the site of the case;

1. Application of Acts and subordinate statutes to a report on investigation (personal information concerning the accused);

1. Article 7 (3) of the Act on Special Cases concerning the Punishment of Sexual Crimes and the Punishment, etc. of Sexual Crimes on the Crime, Article 298 of the Criminal Act (the occupation of indecent acts by compulsion of minors under the age of 13 and the choice of imprisonment), Articles 15 and 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act (the occupation of attempted indecent acts by compulsion of minors under

1. From among concurrent crimes, Articles 37 (former part), 38 (1) 2 and 50 (Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against D with heavy Crimes (a minor under thirteen years of age) of the Criminal Act and the aggravation of concurrent crimes among concurrent crimes;

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

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