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(영문) 의정부지방법원 2016.04.20 2015고합414
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2015, the Defendant: (a) within the median line of the border line operated to D stations located in Gui-si C around 15:05 on July 16, 2015, and (b) to the Victim E (V, 13 years of age).

The phrase “the victim F (the 12-year old age), who was on the part of the victim, was able to look at both arms of the victim, and the victim F (the 12-year old age) who was on the part of the victim, was able to see the victim’s breast part by hand, and the victim’s her her her her her her her her her her her her her her her part, thereby committing an indecent act against the victim E and a minor under the age of 13, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each stenographic record (the sequence 15,21 of the evidence list);

1. Application of Acts and subordinate statutes to report internal investigation (the screen of CCTV data on a suspect's seat and the details of his/her getting on and off such CCTV data);

1. Relevant Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 (a) of the Criminal Act, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment of Sexual Crimes, and Article 298 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse (a crime committed by force by juveniles)

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. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (which has grounds to consider the commission of a crime)

1. Article 62(1) of the Criminal Act on the stay of execution (to refer to the following conditions of sentencing under Article 51 of the Criminal Act, as stated in the following sentencing):

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. Two years and six months to six years from the date of imprisonment with prison labor for a range of punishment recommended according to the sentencing criteria; and

A. Class 1 Crimes [Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Minor Offenders under the age of 13] / [the scope of recommending punishment] the degree of committing the crime in the mitigated area (two and half years to five years) (a person who has been specially mitigated) of Type 3 (Indecent Acts by Force).

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