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(영문) 수원지방법원 안산지원 2019.05.17 2018고합375
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, 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

The defendant is a person operating the Cart in Silung-si, and the victim D (the life, the life, the age of eight), the victim E (the life, the age of nine) is the above marina.

1. From March 2017 to June 11, 2018, the Defendant: (a) around Mar. 11, 2017, the victim D, who gets a thing, had the victim d; (b) had the son d; (c) had the son d; (d) placed the son in the bridge between the victim’s legs; and (e) took the son dial part of the victim by hand.

However, according to the evidence, it is difficult to recognize that the defendant was only aware of the fact that the victim D's sound was recorded and rhyd with his/her hands, while the written indictment stated that "the victim's sound was written and ryd."

However, this part of the charges is not accepted by the defendant and the defense counsel who denies the facts charged, since the defendant's interview of the victim's sound constitutes an indecent act by compulsion.

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

2. Around May 2018, the Defendant: (a) around the Marart, and (b) around May 2018, the Victim E, who sought to repair and calculate a thing, was spared; and (c) followed the Victim E.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made by the victim E or D in the video CD;

1. Statement analysis expert's written opinion;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against D with heavy victims (aggravating of concurrent crimes by minor under thirteen years of age);

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 of the suspended execution is as follows.

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