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(영문) 서울중앙지방법원 2018.02.02 2017고합1239
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

1. On early January 2017, the Defendant: (a) stolen gum in the Defendant’s “D” operated by the Defendant in Dongjak-gu Seoul Metropolitan Government (Seoul, the Defendant confirmed that the victim’s malk was unfolded by putting the victim E (Gam, am, 8 years old); (b) caused the victim’s malk who face one’s knive hand, extending back to one’s knive hand, and committed an indecent act by force against the victim under the age of 13.

2. On August 2016, the Defendant: (a) the Victim F (n) who seeks to calculate at a place specified in paragraph (1) of the P.M. on or around August 2016 (n.e., 8 years of age) was “hing or bad, and earing.”

The same shall apply to corrosion-resistant meals.

The phrase “A” means that the victim’s her son is forced to have his her son son son son her son her son her son her son her son her son her but her

Summary of Evidence

1. Partial statement of the defendant;

1. The statements made by E and F, each of the recorded CDs in each victim's statement, and stenographic records of each victim's statement;

1. Each statement of E (alias) and F;

1. Each statement and analysis of opinions on E (tentative name) and F;

1. The criminal place;

1. Photographs of the place of crime;

1. Application of Acts and subordinate statutes to report on investigation (attached to statements and analysis opinions by experts in sexual assault against children and disabled persons);

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 shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of 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 defendant exempted from disclosure order and notification order in light of the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's criminal act is divided and reflected, the defendant has no record of punishment for sexual crimes, and the defendant's age, occupation, family environment, social relationship, etc. recognized in the record.

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