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(영문) 창원지방법원 진주지원 2019.07.11 2019고합29
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant had the victim C (M, 10 years old, 10 years old, 10 years old) of B’s side, B’s friendship with the victim in his house to force the indecent act by force.

1. On September 8, 2018, the Defendant committed a crime in a bath room, in his dwelling room located in D on September 8, 2018, and in a cleaning room with B and the victim together, the Defendant committed indecent act by force against the minor victim under the age of 13 by using the victim’s sound as his/her hand.

2. On September 8, 2018, the Defendant committed a crime in a large bank, at the middle of the said residence, committed indecent act by force against a minor under the age of 13 by force, by means of rhyming approximately 10 seconds of her knife, her knife the victim’s knife, her knife the victim, her knife his knife his knife his knife, her knife his knife his knife, her knife his knife, and her kn

Summary of Evidence

1. Defendant's legal statement;

1. The statement of a victim recorded in a video CD in the victim's statement;

1. Application of Acts and subordinate statutes of each report on internal investigation (the No. 11, 14, 17 of the evidence list);

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 for such crimes;

1. Of concurrent crimes, the aggravated punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (aggras 13 years of age) with heavy judgment

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. A sex offense subject to registration of personal information registration under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act;

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