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(영문) 광주지방법원 2020.12.18 2020고합422
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Defendant

In addition, the person subject to the request for attachment order (hereinafter referred to as the "defendant") and the victim B, and the victim C are neighbors living in the same apartment site.

1. The first-class prosecutor of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor's indecent act under thirteen years of age) and the Act on the Protection of Children and Juveniles against Sexual Abuse;

Although a victim was prosecuted for committing a crime described in the paragraph as a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13), it is unclear whether the victim was under the age of 13 years on October 29, 2004 due to the birth of October 29, 2004, and thus, it is recognized as a crime of violating the Act on the Protection

This part is only different from that of the crime and applicable provisions of law, and there is no possibility that the charges themselves are identical and the defendant's exercise of his/her right to defense may be substantially disadvantaged.

In spring around 2017, the Defendant entered the victim B (the name, the 10 years of age at that time, the 12 years of age at that time) and the victim C (the 12 years of age at that time, the 12 years of age) with his own residence in the Seo-gu D apartment E, Seo-gu, Gwangju, Gwangju, and met the victim C with knee and knee in the knee, the kne of the kne, the kne of the kne, the kne of the kne.

B. Around 2017, the Defendant: (a) kneeked the victims in turn in one’s knee in the foregoing manner in the foregoing place; and (b) her chest was delivered to the victims under the clothes.

Accordingly, the defendant committed indecent acts by force against victims of less than 13 years of age or victims C, children and juveniles, respectively.

2. On March 2, 2020, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, went off from the same floor as the elevator on the first floor with the victim B (the second name, the age of 13 at that time) in the above apartment Felon around March 18, 202, and then came off from the same floor as the elevator on the first floor.

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