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(영문) 수원지방법원 안양지원 2020.05.08 2019고합157
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:00 on August 5, 2019, the Defendant, as a staff member of a family electric repair company, entered the victim C (the facts charged in the crime of age 5, i.e., "7 years of age," but it is clear that the facts charged in the crime of age 5, i.e., "7 years of age," but) at the home of the victim C (the facts charged in the crime of age 5, i.e., "the facts charged in the crime of age 14 years of age, i.e., the victim's bridge is deemed as mixed mobile phone in the sofa, and the victim who was living together with him/her is "

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

Summary of Evidence

1. The statements made by the victim in the victim’s statement video CD, the victim’s statement stenographic records [the victim’s statement remains five years of age and nine months of age and nine months of age at the time of the crime of this case], and the victim’s statement was made seven days after the date of the occurrence of the case. The victim’s statement is relatively simple that “the defendant has a negative effect by inserting his hand into panty,” and the victim’s statement falls within the scope to which he can be aware of and expressing the content, barring any special circumstances, if he is an infant at the victim’s age level. The results of the statement analysis and evaluation made by clinical psychologist E are deemed to have the ability to properly understand and respond to the fact that the victim properly understood and experienced the investigator’s question at the time of the above statement. In light of these circumstances, the victim’s statement made by the victim is acknowledged credibility].

1. Application of Acts and subordinate statutes to report on investigation (Attachment of photographs of criminal scene);

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with prison labor;

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 (hereinafter referred to as the following grounds for sentencing) 1.

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