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(영문) 인천지방법원 부천지원 2017.01.06 2016고합257
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 May 31, 2016, the Defendant committed an indecent act by force on May 31, 2016, in the class of the Child Center E at around 14:20 on May 31, 2016, at the Child Center D’s classroom in Kimpo-si, the Defendant took charge of the victim’s name, etc. in his/her hand to the victim F (one year old), who was playing a game by mobile phone, and committed an indecent act by force against the victim.

2. On June 2016, the Defendant: (a) around June 2016, in dry field located in front of the Children’s Center listed in paragraph (1) around June 2016, the Defendant: (b) Dazed the victim, who thrown away the rash; and (c) Dazed Dazed Dazed Dazed Dozed Doz

The term "the victim committed an indecent act by force by force by using rhumbucks for the victim by hand."

3. On July 2016, the Defendant: (a) committed an indecent act by force against a police officer on July 1, 2016, around 17:00, at the front of the Child Center listed in paragraph (1) on July 1, 2016; (b) on one hand, waiting for other originals to return to the house, the victim’s chest was not sealed; (c) on one hand, the victim’s chest was laid down; and (d) on one hand, the victim’s fingers together with the other hand, and led the victim to several times to commit an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Stenographic records;

1. A H statement;

1. Child counseling place;

1. Application of Acts and subordinate statutes on expert opinion;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof, and Article 298 of the Criminal Act;

1. The aggravated punishment for concurrent crimes is prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed in Article 3 of the Judgment with the largest punishment for concurrent crimes);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2), the main sentence of Article 21 (3), and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure and notification orders;

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