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(영문) 광주지방법원 목포지원 2016.01.28 2015고합139
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

1. The Defendant committed the crime against the victim C at around 15:00 on April 2014, 2014, the Defendant discovered the victim C (hereinafter referred to as 11 years of age) who was fluence with her natives in front of the Seodaemun-gu Falth of the E Elementary School located in Sinpo City D, and thought that her her son would commit an indecent act, and the victim’s her son’s her son was her son, and the victim’s her son was her son’s son.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

2. On March 4, 2014, around 17:00, the Defendant: (a) taken over the victim G at a bus stops in front of the E elementary school located in Sinpo City E elementary school located in Sinpo City Do; (b) discovered the victim G; (c) had the mind that he would commit a forced indecent act; and (d) had the victim’s her knick with his own hand, followed the victim’s knife.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. C and G - Application of Acts and subordinate statutes of Chapter 1 CD

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

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes prescribed in the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims C with heavier punishment (the indecent act by a minor under 13 years of age)];

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 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Protection and Order to attend lectures or community service orders;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and 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 [the age, occupation, family environment, social relationship of the accused recognized in the record, relationship between the accused and the victim;

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