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(영문) 춘천지방법원 2019.01.11 2018고합96
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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The imprisonment with prison labor for the accused shall be two and a half years and six months.

Provided, That the execution of the sentence shall be three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant operated D convenience points in the youth hostel located in Hongcheon-gun, Hongcheon-gun.

1. On June 14, 2018, at the D convenience point calculation team around 18:04, the Defendant: (a) purchased goods and made payments; (b) made indecent acts by compulsion of minors under the age of 13 by force on the right hand of the victim E (the age of 11) who purchased goods and completed payment.

2. Around that time, the Defendant: (a) committed indecent act by force on minors under the age of 13, on the part of the victim F (the 10-year old) who purchased goods and completed settlement; (b) the left chest part of the victim F (the 10-year old) one time by left hand.

3. The Defendant: (a) purchased goods at the same place around 18:11 on the same day; (b) committed indecent act by force against minors under the age of 13, who were under the age of 13 by force on the right chest part of the Victim G (M, the age of 10) who was waiting for payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police’s statement made to E, F, and G, each recorded CD;

1. On-site CCTV CDs;

1. Application of Acts and subordinate statutes on analysis of statements;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with prison labor, respectively;

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

1. Article 53 and Article 55 of the Criminal Act (1) 3 of the Act on Discretionary Mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 (1) 1 and 2, and 50 (1) 1 and 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on each criminal fact indicated in the judgment on the registration of personal information of a child or juvenile subject to employment restriction order pursuant to the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act

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