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(영문) 대구지방법원 2018.05.18 2018고합39
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 8, 2017, the public performance and obscene Defendant and the claimant for the observation order to be observed (hereinafter referred to as “Defendant”) shall block the front of the victim N (V, 9 years old) in front of the Daegu L, M, and M, in front of the elementary school on December 8, 2017, and shall cut his/her sexual flag in front of the victim N (V, 9 years old).

In the course of self-defense, a patently obscene act was done by means of blocking the front of a victim who is faced by him/her and continuously showing the form of self-defense.

2. A defendant who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes against minors under the age of 13) prevents him/her from driving ahead of the victim's O (influence, 12 years old) in the Daegu L on December 18, 2017, or in the front of M elementary school, or in the front of his/her sexual organ on December 18, 2017;

In the course of self-defense, the victim's front and the victim's self-defense is constantly displayed, and the escape committed an indecent act against the victim under the age of 13 by force, such as: (a) scaming the victim from behind; (b) scaming the victim's face and chest; and (c) forcing the victim to go against the defendant's self-defense.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the police with respect to the N;

1. A report on internal investigation (a video recording and a picture recording and a stenographic record attached to the victim'sO) and stenographic records;

1. Application of Acts and subordinate statutes 101 copies of the investigative report (Attachment, etc., to the CDs containing theCCTV’s video recording materials and photographs capturing the screen) and photographs capturing the CD on the screen;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Article 298 of the Criminal Act (the fact that an indecent act by force is committed against a minor under the age of 13, the choice of imprisonment), Article 245 of the Criminal Act (the point of obscenity and the choice of imprisonment with labor);

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Indecent Acts, etc. against the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of which punishment is heavier (Indecent Acts, etc. by minors under the age of 13] (the above two crimes shall be added;

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