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(영문) 창원지방법원 마산지원 2016.01.13 2015고합98
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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

On November 5, 2015, between 15:30 and 16:10, the Defendant discovered the victim D (the age 6) participating in the mixed-child class without his/her guardian while seeking an outdoor elevation test of the Taekwondo painting in the Chang-si Mapo-gu Mapo-si C commercial building, Changwon-si, the Defendant continued to use the victim's head, shoulder, breath, and kythm with the victim's kythm while driving the kythm, kyth of the kyth of the kyth of the kyth of the kyth of the kyth of the kyth of the kyth of the kyth of the kyth of the kyth of the kyth of the kyth of the kyth of the kyth of the kyth of the kyth of the kyth of the kyth of the kyth of the k.

Accordingly, the defendant forced a person under 13 years of age to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol (including H and I statements) with respect to E, F (tentative name), and G (tentative name);

1. Written opinions of experts in sexual assault prepared by the J;

1. Video recording CDs or stenographic records of the victim's statement (K) ;

1. A criminal investigation report (Attachment of suspect photographs), a criminal investigation report (a criminal suspect's external statement Lenda), and a criminal investigation report (humping of the suspect's statement);

1. A certificate or a medical certificate for persons with disabilities;

1. Application of the photographic Acts and subordinate statutes;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes and Article 298 of the Criminal Act;

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. Children or juveniles exempt from the disclosure order and notification order;

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