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(영문) 수원지방법원 평택지원 2019.07.05 2019고합47
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. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under thirteen years of age) is a space between the victim B (a family name, a woman born C) and the church.

From January 1, 2019 to January 18, 2019, the Defendant committed an indecent act on the part of the victim (six years of age) in the residence of the victim (six years of age) in Pyeongtaek-si from January 1, 2019 to January 18, 2019, and forced the victim to sit in knee and kne, and forced the victim to be seen as the victim.

B. On January 19, 2019, the Defendant committed a crime on or around January 19, 2019, committed an indecent act by force on the part of the victim, according to his/her own personal injury, at the Fusst room located in Pyeongtaek-si E around 15:37, on January 19, 2019.

2. On February 20, 2019, at around 16:28, the Defendant: (a) brought an injury to the victim during a dispute with the victim H (the age of 19) who was seated next to the Defendant at the time of 16:6 column in the Cheongyang-gu Cheongcheon-dong G Gam-dong, Cheongcheon-gu, Cheongcheon-si, and the 19th century; and (b) brought an injury to the victim, such as an external flag, which requires the victim’s treatment for about two weeks, by taking flabing the flab of the victim, depending on the victim’s flab and flabing the flab, and flabing the victim’s flab, by drinking the victim’s flab and walking the part of the victim’s back head.

Summary of Evidence

1. Defendant's legal statement;

1. A transcript of the I stenographic record or video CD for the victim;

1. Written statements, on-site photographs, and investigation reports (related to statements by the phone for reference);

1. A report on investigation (or opinions of experts on statement and analysis of children or persons with disabilities);

1. The police statement of the victim H;

1. Application of Acts and subordinate statutes to investigation reports (including cases of photographing damaged parts of a victim), investigation reports (including cases of receiving a written diagnosis of injury of a victim);

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 298 of the Criminal Act and Article 257 (1) of the Criminal Act concerning criminal facts, applicable provisions concerning the punishment of sexual crimes, and the choice of punishment (the occupation of injury and the selection of imprisonment);

1. The aggravated Criminal Act for concurrent crimes.

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