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(영문) 광주지방법원 2015.01.07 2014고합415
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. On January 24, 2014, the Defendant committed an indecent act by force against the victim under 13 years of age by inserting his/her hand in the clothes of the victim E (at the age of 7; hereinafter referred to as “victim”) who was sitting on the top of the “D” coffee specialty store operated by the Defendant on January 24, 2014.

2. On February 13, 2014, the Defendant forced the victim under 13 years of age by putting his hand in the victim’s clothes at a small room of the victim’s house located in Naju City F, thereby committing an indecent act by force.

3. On February 25, 2014, the Defendant: (a) committed an indecent act by force against a victim under 13 years of age, who was under the victim’s age of 13, by inserting the victim’s G franchise into a passenger car; (b) setting up the victim’s body in a incombustible place while going into a church; and (c) holding the victim her body in the back seat; and (d) holding the victim’s body in his/her clothes and her fingers with his/her fingers; and (c) holding the victim’s booms

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. The statement made by a victim suitable for such statement among video works made to the victim;

1. Application of Acts and subordinate statutes to make statements fit for such provisions among the statements made by the mother of a victim prepared by the assistant judicial police officer (the mother of a victim-victim);

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. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (Aggravation of concurrent crimes as provided for in Article 3 of the Judgment with the most severe punishment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Article 62(1) of the suspended execution of the Criminal Act provides that the Defendant’s wife and children have become aware of the instant crime to his family, expressed support to the Defendant, and otherwise, the Defendant’s age, character and conduct, means and consequence of the crime, and the risk of recidivism in light of the circumstances after the crime.

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