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(영문) 부산지방법원 동부지원 2014.11.28 2014고합181
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

1. On July 2, 2014, at around 14:00, the Defendant, who committed the crime against the victim C, was sitting at the seat of the victim C (the 6-year old-old D apartment), which was sitting at the seat of the victim C (the 6-year-old), was able to use the victim’s hand as the clothes, and was able to use the victim’s hand on the part of his/her own hand, and forced the victim to have his/her hand, who was able to be able to resist, sit at the ben and to resist, and was able to use it as the clothes for the long time of the victim’s hand.

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

2. The Defendant committed the crime against the victim E, while avoiding the above time, at the above time, and at the above place, was able to take the body of the victim E (the 6-year old age), who was next to the victim, in his own hand, and knee of the Defendant, knee, and use the victim’s sound part as the clothes with his fingers.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement recording records by the police for C and E;

1. Each video recording CD;

1. Preparation of victim pictures and photographs of the scene of crime;

1. The written opinion of the expert on the sexual assault case against each child with disabilities and the statement of each intermediary (the defendant asserts that some of the indecent acts in this case are contested, but there is no doubt about the credibility of the statements made by the victims who correspond to each of the facts charged in this case, and therefore the defendant's argument cannot be accepted).

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. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims E with heavy penalty);

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act are advantageous to discretionary mitigation.

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