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(영문) 제주지방법원 2019.05.30 2018고합216
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
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

At around 18:50 on August 27, 2018, the Defendant discovered the victim E (one, six years of age), victim F (one, six years of age) (one, six years of age) playing in the slock in the slater in the Clater D Children Park E, which is located in Jeju Island B, and was listed on the slater through the entrance of the slater to the slater, and reported by the victim E at the bottom of the later, while the victim E remains under the later, the Defendant got off to the victim F of the narrow slater where the fence (one meter in height, 40cm in width, horizontal length x one meter in length) was installed, and spreaded to the victim F of the Victim F, with the victim’s face in hand, and drinking F of the victim’s face.

Accordingly, the Defendant, by force, committed sexual abuse against the victim F who is a minor under 13 years of age, and committed sexual abuse that causes a sense of sexual shame to the victims who are children, and made a patent obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records for each victimized child;

1. A statement of damage;

1. Application of Acts and subordinate statutes to a report on investigation (on-site verification and investigation) and a report on investigation (on-site guidance);

1. Article 7 (5) and (3) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (a point of indecent act against a minor under the age of 13 by force), Article 71 (1) 1-2, Article 17 subparagraph 2 (a) of the Child Welfare Act, Article 17 subparagraph 2 (a point of sexual abuse against a child), Article 245 of the Criminal Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed pursuant to Article 40 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is the most severe punishment (any indecent act in a minor, deceptive scheme, etc.) ;

1. Selection of imprisonment with prison labor chosen;

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 (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Children and juveniles who are subject to employment restrictions;

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