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(영문) 서울북부지방법원 2017.11.10 2017고합281
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

"2017 Gohap 281"

1. The Defendant, on March 30, 2017, committed an indecent act by compulsion against the victim by forcing him/her to be out of his/her son and her son with the victim D (n, 22 years of age) in front of his/her son’s house in Gangnam-gu Seoul, Gangnam-gu around 16:00.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against minors under the age of 13).

A. Although the charged facts of the victim E are D, they are corrected as above in order to avoid duplication.

On March 30, 2017, from around 19:30 to around 19:50, the Defendant committed an indecent act against the minor under the age of 13 by forcing the minor under the age of 13 to commit an indecent act against the victim in front of the Seoul Northernbuk-gu C Housing, and following the victim E (V, 12 years old).

B. On April 13, 2017, around 16:50 on April 13, 2017, the Defendant: (a) committed an indecent act by force against a minor under the age of 13 on the part of the victim F (or 10 years old), following the Victim F (or 10 years old), by cutting off the victim’s right arms and damaging the victim’s body; and (b) by cutting off the victim’s new arms, the Defendant committed an indecent act against the minor under the age of 13.

Around 16:30 on April 13, 2017, the Defendant discovered the victim I (in women, 17 years of age) and told the victim that “the victim exceeded 17 years of age, and sold 10,000 won.”

As a result, the Defendant committed sexual abuse such as sexual harassment that causes a sense of sexual humiliation to children.

Summary of Evidence

"2017 Gohap 281"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E and F;

1. Stenographic records of the statement E or F;

1. Video CD 2017 Gohap 3222 by cutting a CCTV image, CCTV and a photograph;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to I;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts, the choice of punishment, Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act (each of the 13 years of age).

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