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(영문) 수원지방법원 2018.11.29 2017고합729
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

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

Reasons

Punishment of the crime

both the Defendant and the victim B (n, 4 years of age, 5 years of age) are members of the Internet carpet “D”, and the Defendant is the victim, C and the Defendant first met at the above carpet group on April 29, 2017.

The Defendant, at around 18:00 on April 29, 2017, from “F” located in C at Yangju-si, and from “W”, from the table to B, the Defendant is able to provide meals to C along with the victim.

The term “B Camper Gab,” and “the damaged person Gab, Gab, Gab,” and the injured person was laid off in a toilet behind the restaurant, and was forced by the injured person to have the sound part of the victim under the age of 13 by hand, and forced the injured person to commit an indecent act.

Summary of Evidence

1. The witness C and G respective legal statements;

1. Some statements concerning the accused in the prosecutor's office and the police interrogation protocol;

1. Statement made by the prosecution with regard to G;

1. A statement recorded on each video CD (16 pages, 117 pages, 157 of investigation records);

1. Video recording stenographic records and recording notes in relation to B (tentative name);

1. Recording notes concerning C;

1. Application of Acts and subordinate statutes to a report on commencement of internal investigation, report on internal investigation (victim-friendly interview), on-site photographs, investigation report (person G telephone conversations), and investigation report (Search of details of victim's complaint collection);

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. 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. An order for disclosure and notification, which is exempted from such order, shall be disadvantageous to the defendant's entry due to the age of the defendant, the kind, motive, process, consequence, and seriousness of the crime in this case, an order for disclosure or notification, and an order for disclosure or notification 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

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