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(영문) 서울동부지방법원 2016.01.14 2015고합314
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant had weak ability to discern things or make decisions due to delay in the mental development of latitude.

On March 13, 2014, around 14:00, the Defendant: (a) heard the horses that it is difficult for the Defendant to file a suit from the victim E (V, 6 years old) residing in the building of D Apartment apartment building located in Songpa-gu Seoul, Songpa-gu, Seoul; (b) followed the victim into a male toilet on the third floor of the said building; (c) the victim sees the urine in a state where the door is opened in the front of the male urine, while the victim viewed the urine in a state where the door is opened in the upper section of the building; and (d) he returned his own body to “the first urgical body” and the victim shows his sexual organ to the victim.

Accordingly, the Defendant committed an indecent act against a person under 13 years of age by force.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s statement in the victim’s video recording CDs;

1. Application of Acts and subordinate statutes to report internal investigation (verification at the scene of crime), management offices, toilets, photographs of buildings and toilets, reports on internal investigation (f interviews with victims), investigation reports (in Internet guidance, appending pictures of neighboring areas of crimes D and G front public telephones from Internet maps to output);

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes (Optional to Imprisonment);

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

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. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Special cases where an order to attend a course is not imposed in consideration of the details and circumstances of crimes, the character, conduct and intellectual level of the accused, criminal records and relationship, etc. under the proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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