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(영문) 수원지방법원 2018.10.19 2018고합304
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a university student who takes part in the study room outside of the public book room in Ssung City B lending.

The defendant was aware of the face of the victim C (I am, I am, I am, I am, I am, I am 7 years of age) on several occasions while accompanying I ambapt.

On May 16, 2018, the Defendant told the victim, who passed the above B B B lending, that “I will reduce the number of members,” and told the victim to the effect that “I will leave the victim on the above B lending rooftop,” and that I will turn the victim into the above lending rooftop, and that I will leave the victim’s sexual organ with the victim’s hand, and that I would promptly leave the victim’s sexual organ, and then enter the victim.”

Accordingly, the Defendant committed an indecent act by force against the victim, who is a person under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Video-recording weathers for victims;

1. StV images, such as stenographic records, closures, on-site photographs, and weather stifies;

1. A criminal investigation report (victim’s mother call, etc.), investigation report (bable image, etc.), text messages, telephone conversations details, and the application of statutes;

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

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, mitigation of juvenile offenses;

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, Article 60(3) of the Juvenile Act (The following consideration shall be repeated for favorable circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure, Order to Notify Disclosure, and Restriction on Employment, the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the accused).

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