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(영문) 광주지방법원 2018.07.20 2018고합149
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
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

On November 26, 2017, around 15:00, the Defendant: (a) at the lower table of the calculation column of “C Et” in the “C Et” market located in the Namju City City B; and (b) at the victim D (n, 5 years old); (c) at the end of the table, the Defendant reported the tables PC.

“After one of the following facts, the victim was kneeed with knee of the victim, and knee of the victim, knee of the victim, and knee the victim’s side kne with panty, continued to gather kne of the victim’s knee and panty, and knee of the victim, and the victim was kneed with knee and refused the body of the victim, and the victim went back to the knee and knee of the victim again, and knee of the victim again kne and knee of the victim, knee of the victim after knee and knee of the victim, kneed the victim, and kneed the victim with kne kne in the victim’s kne and kne kne kne in the victim’s kne and kne kne kne kne ke.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of D;

1. Application of laws and regulations on field photographs following the calculation of Dlime and Clime

1. Relevant Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning criminal facts;

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

1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse (the fact that the accused has no record of sexual crimes) of a child exempted from an order of disclosure and notification;

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