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(영문) 서울동부지방법원 2020.10.16 2020고합217
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

On May 21, 2020, at around 16:15, the Defendant discovered the victim D (tentative name, 8, and 9 years of age) containing things in front of the 1st floor of the “C” store located in Gangdong-gu Seoul Metropolitan Government, and Daced the victim “whether he attends a school or is going well, but is a few years of age.” On his own hand, the Defendant took charge of the victim’s shoulder with the victim’s shoulder by hand, and after the victim’s body, the Defendant took charge of the victim’s chest with the victim’s chest, and carried the victim’s body after being sealed the victim’s body, brought the Defendant’s sexual flag on the part of the part of the victim, and brought the victim’s knick with the victim’s left hand.

Accordingly, the defendant committed an indecent act on a person under 13 years of age.

Summary of Evidence

1. Application of Acts and subordinate statutes to the reporting of internal investigation of CCTV screen records (in cases of the reporting of partial statement 112 reported by the accused, attaching a card screen that the accused was settled by the accused), the reporting of internal investigation (in cases of CCTV images in the scene of occurrence), and the reporting of internal investigation (the details of the goods settled by the accused, the date and time of the card and the verification of the conformity between

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 criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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

1. Personal information is personal in full view of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure and notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure and notification order, prevention of the sex crimes subject to registration to be achieved, and the effect of protecting the victims, etc. of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019).

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