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(영문) 춘천지방법원 원주지원 2015.02.12 2014고합128
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

On October 23, 2014, at around 14:19, the Defendant: (a) 14:19, while drunk in the play house in the nuclear apartment complex in the nuclear city in the nuclear city; (b) found the victim D (n, 7 years of age) who was drunk and playing at that place; (c) brought the victim in the form of double arms by the victim; (d) discovered the victim; (c) found the victim E (n, 7 years of age) who was suffering from the victim of the escape; and (d) brought the victim E (n, 7 years of age) who was in another NA; and (e) brought the victim into the victim E in the same manner; and (e) the victim she returned back to the victim F (n, 6 years of age) who was in the NA, and brought the victim F (n, f years of age) in the same manner and brought the victim into the victim F in the same way.

Accordingly, the defendant committed an indecent act by force against the victims under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements made by each victim;

1. Four video CDs;

1. Application of the Acts and subordinate statutes to photographs and investigation reports (on-site CCTVs and photographs attached thereto) after cutting CCTV courses;

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. Aggravation of concurrent crimes among concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes by a penalty prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. The defendants exempted from the disclosure order and notification order under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse are in no previous case, and the defendants have the habit of sexual crimes against themselves;

A security measure, such as an order to disclose or notify personal information, shall be imposed because it is difficult to see the risk of recidivism.

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