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(영문) 대전지방법원 2017.05.26 2017고합107
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant shall be punished by imprisonment with prison labor for not less than two years and six months: Provided, That 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

The defendant was a person who served as a three-dimensional driver for the school bus of the E Institute in Daejeon Dong-gu.

1. On December 1, 2016, between 14:40 and 15:00 on the end of the end of the day, the Defendant discovered that the Defendant was seated in the rear seat of the victim F (n, 8 years old) in the middle seat of the instant bus parked near the educational institute, and that the Defendant forced the victim to commit an indecent act by putting the victim’s own hand into the inner clothes of the victimized person, and rhythizing them into the inner clothes of the victimized person.

2. From 14:40 on December 201, 2016 to 15:00 on the last day of the end, the Defendant committed an indecent act by force by communicating the sound of the victim by the same method as that of the foregoing paragraph (1), at the same place as that of the foregoing paragraph (1).

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning each prosecutor's office or the police interrogation of the accused;

1. The statements and stenographic records recorded in video recording CDs;

1. Statement of the police statement related to G;

1. A report on internal investigation (the attachment of an abstract, such as the victim's resident registration card);

1. Application of Acts and subordinate statutes to professional written opinions of sexual assault cases against children with disabilities;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant has no record of punishment for any sexual crime and thus has a risk of recidivism or recidivism of sexual assault against the defendant;

It is difficult to conclude, and the registration of personal information on the defendant.

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