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(영문) 광주지방법원 해남지원 2017.05.24 2016고합23
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Indecent acts committed by force against victims D;

A. On January 2014, the Defendant, at the home of the Defendant in the south south of her beam, committed an indecent act by force against the victim (the victim (the victim, she was 7 years old at the time) by entering the Defendant’s house inside the south of her beam, and by drinking his chest and boat on the upper part.

B. On December 1, 2015, the Defendant, at around 14:00, committed an indecent act by force, on the part of the victim (the age eight at that time) who was a juvenile on the top of G elementary school playgrounds located in the Southern F, G elementary school.

2. On December 23, 2015, the Defendant forced the victim H to commit an indecent act by force on the part of the Defendant’s home (hereinafter “victim”) to see that he was aware of the victim (seven years of age at that time) at the south E’s home prior to around 19:00, and kis the victim’s kis.

3. The Defendant, at the time and place specified in paragraph 2, committed an indecent act against the victim I, committed an indecent act by force on the part of the victim (the 10-year old-old-age-old-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-based kisking

Summary of Evidence

1. Entry of each part of the protocol of public trial by the witnessJ in the third and seventh public trial;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. H’s statement recorded in the video recording CD (Evidence No. 66 of the evidence list);

1. Each statement and each stenographic record of D, H, and I recorded in each video recording cd (Duplicates) (Evidence List 3, 15, 24);

1. Each expert's written opinion;

1. Application of Acts and subordinate statutes on investigation reports (temporary correction of crimes);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act that select the relevant criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against I who is the largest victim of the offense];

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 among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Exemption from an order of disclosure and notification;

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