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(영문) 수원지방법원 2018.10.25 2018고합424
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 23, 2018, the Defendant: (a) committed an indecent act against a minor under the age of 13 by forcing the victim E (VP) (hereinafter “MW”) who sits with the sperm to “si B”; (b) approaching the victim’s hand; and (c) write down two bucks with the Defendant’s hand; and (d) forcing the minor under the age of 13.

2. On May 24, 2018, around 15:30 on May 24, 2018, the Defendant committed an indecent act against a minor under the age of 13 by forcing the victim to use the victim’s face and the victim’s bucks with the Defendant’s hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records on victimized children, or forests thereof;

1. Reports of internal investigation and report of internal investigation (perception of letters for straws);

1. Application of Acts and subordinate statutes on the screen by closure of each spatif;

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 of such crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances that are favorable to the statement in the grounds for sentencing);

1. Article 62(1) of the Criminal Act on the stay of execution (The following grounds for sentencing shall be taken into account the conditions of sentencing prescribed in Article 51 of the Criminal Act);

1. In light of the proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant, a foreigner with the nationality of Mazbeki, does not facilitate communication through Korean language, and is highly likely to be forced to leave the Republic of Korea in accordance with the procedure prescribed by the Immigration Control Act, etc., the Defendant’s order to complete a program is deemed ineffective, and thus, the Defendant’s order to complete a program is deemed invalid. Therefore, there

[Determination]

1. The Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure orders and notification orders;

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