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(영문) 전주지방법원 군산지원 2016.03.24 2015고합124
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is in a relationship between the victim C (A woman, 8 years of age) who is a child born between the defendant's friendship and his/her spouse, and the other spouse's country of registration.

1. On September 2, 2015, the Defendant: (a) on September 2, 2015, at the Defendant’s dwelling plan located in Yasan-si, the Defendant laid down a cell phone in the same room with the victim’s clothes in which the Defendant was drinking to commit an indecent act against the visitors; (b) laid off the victim’s her chest, and then her panty, she dym and her turt with the victim’s turt.

2. On October 2, 2015, around October 2, 2015, the Defendant saw a shower at a bath room in the same residential area as the above paragraph 1, and kiddddds the victim’s chest, who was able to commit an indecent act against the victim’s her body, and rhyddd the victim’s chest.

As above, the Defendant committed an indecent act on the part of the victims who are related to the interest of minors under 13 years of age.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Stenographic records;

1. Application of each Act or subordinate statute stated in a family relation certificate, a transcript of removed family register, and a marriage relation certificate;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning the crime (the point of compulsory indecent act by blood) and Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 (the point of compulsory indecent act against a minor under the age of 13) of the Criminal Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in the provisions of Articles 40 and 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the holding, and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a indecent act by blood) (a punishment provided for in the provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by a minor under the age of 13), and each punishment

1. A person who commits concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act [a person who commits a crime heavier than that of September 2, 2015].

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