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(영문) 대구지방법원 2020.07.24 2020고합82
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. On November 14, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by compulsion under the age of 13) committed by the Defendant against the victim C (a person under the age of 6) at the front of the Daegu hydro-gu, Daegu, about 09:45, for the reason that the victim C (a person under the age of 6) would have a panty and panty of the victim, and taken a pande into the victim's panty and panty, thereby making the victim take a panty, thereby making the part of the victim's panty and pan

Accordingly, the defendant committed an indecent act against a minor under 13 years of age.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) found out the victim’s panty and panty as stated in paragraph (1) at the time and place, and taken a photograph of the victim’s panty by using the cell phone functions of the Defendant

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. CCTV photographs, stenographic records, intermediary reports, written opinions on the analysis of statements, and photograph of a visual closure;

1. Each protocol of seizure and the list of seizure;

1. Investigation report (Securing of images related to criminal conduct);

1. Application of the Acts and subordinate statutes on inland inspection (CCTV);

1. Relevant legal provisions on criminal facts and Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 298 of the Criminal Act (amended by Act No. 17264 of May 19, 202), Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020)

1. From among concurrent crimes, the concurrent crimes resulting from the concurrent crimes prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the crimes of the above two crimes).

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