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(영문) 수원지방법원평택지원 2020.11.13 2020고합152
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

On July 6, 2020, at around 19:29, the Defendant: (a) landed from Pyeongtaek-si apartment C-dong 8-9, to the victim D (the second, second, and nine years of age) “A”; (b) unloaded from elevator to the victim, etc.; (c) cut the shoulder part of the victim, etc. with the victim’s shoulder; (d) coming from the victim’s walk back to one side; and (e) cut off the victim’s arm with his left arms; (e) cut the victim’s shoulder toward the victim’s chest; and (e) opened the victim’s arms on the Defendant’s chest; and (e) continued to put the victim’s arms on the Defendant’s chest; and (e) throw down the victim’s hand, she sealed the victim’s hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of police statements made by the victim of stenographic records, investigation reports (in relation to field exploration), investigation reports (in relation to the fieldCCTV image analysis), visual photographs, and the Acts and subordinate statutes in Chapter 1 of the CDA;

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) and (2) of the Criminal Act of the suspended execution;

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 Children and Juveniles against Sexual Abuse (the age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure and notification order of the accused, the degree of disadvantage and anticipated side effects of the accused's entry, prevention of sex crimes subject to registration that may be achieved therefrom, and effects of protecting victims, etc., should be comprehensively taken into account;

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3 (1) of the Act on Welfare of Persons with Disabilities:

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