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(영문) 수원지방법원 2019.05.23 2019고합113
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

around 19:00 on June 1, 2018, the Defendant: (a) discovered the victim D (here, 12 years of age) who waits for the mixed signal; (b) followed the victim; (c) followed the victim; and (d) got the victim by driving the victim's chest by his own hand.

At around 08:50 on July 4, 2018, the Defendant discovered that the victim G (a person, a woman, and 10 years of age) walked in the Frant E in Suwon-si, Suwon-si, and followed, followed by the victim G (a person, a woman, and a 10 years of age). On the back of the victim, the Defendant walked in the same direction as the victim's side, and met the part of the victim's chest by extending back the victim's own hand to the same direction.

Accordingly, the defendant committed an indecent act against the minor victims under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared by D;

1. stenographic records (Evidence Nos. 8) and a list of reported cases;

1. Investigation report (including the verification of CCTVs at the site (including attached documents), evidence list Nos. 9,10);

1. Application of report on investigation (specific suspect) Acts and subordinate statutes;

1. Relevant 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [aggressing concurrent crimes with punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims G with heavy criminal penalty (aggressing a minor under thirteen years of age)];

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); the former Act on the Protection of Children and Juveniles against Sexual Abuse.

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