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(영문) 수원지방법원 2021.02.25 2020고단6364
미성년자의제강제추행
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

The defendant is the third village of the victim B (n, 18 years of age).

1. The Defendant who, on May 2008, committed an indecent act by a minor on the part of the minor, ordered the victim (six years of age at the time) to use money in the room of the victim’s residence located in the Chungcheongnam-gun budget C around May 2008.

After being considered to be sitting, the victim committed an indecent act against the victim under 13 years of age by making the victim enter his or her sexual organ into the mouth of the victim and making him or her early into the mouth.

2. From around 2012 to around 2013, the Defendant’s indecent act by compulsion of a minor would give money to the victim (at the time, 11 years old) in the victim’s room located in the Chungcheong budget-gun C around 2012 to 2013.

After being considered to be sitting, the victim committed an indecent act against the victim under 13 years of age by inserting his/her fingers into the clothes of the victim, making him/her quickly put his/her sexual organ into the mouth of the victim, and making him/her find the victim as soon as possible.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement B, each police's family relation certificate with D, medical treatment records, and prescription records;

1. Relevant Article of the Criminal Act and Articles 305 and 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 Defendant has no record of being punished for a sex offense, and the Defendant’s personal relationship between the victim and the Defendant is likely to be exposed to the victim’s personal information if disclosed or notified.

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