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(영문) 서울남부지방법원 2016.11.11 2016고합414
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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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. From July 15, 2016 to 16:00 on July 15, 2016, the Defendant discovered that the victim C (V, 6 years old) under the age of 13 and her native F (F), who was in Geumcheon-gu, Geumcheon-gu, Seoul at a sand playter in E elementary school playgrounds, and that the victim C (V, 6 years old) under the age of 13 and his her her her friendly F are seated on the bench, and led the Defendant to his her care in English.

When the victim and the above F puts a horse under the pretext that the victim and the above F will sit in English with the victim and the above F, the victim she saw the victim with his/her own arms, and she am under the victim's back, and she dythd the victim's hand by inserting his/her hands under the victim's back, and she dythd the victim's part with his/her clothes above the victim's clothes.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

2. The Defendant committed the crime against the victim F committed an indecent act as described in the above paragraph (1) at the same time and at the same time as described in the above paragraph (1), and C ice in the manner that “I must see why you see why she is flick,” and “I see why she is flick,” and “I see why she is flick,” and she was flicked to the victim F (n, flick) under 13 years of age, after the victim’s body, she flicks the victim with both arms and flicks, and she flickd with the Defendant’s hand on his clothes

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. C and F’s each statement stenographic record, each statement recording CD;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes to the victim F his/her green forest, victim C's green forest, and intermediary report;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

1. Of concurrent crimes, the first sentence of Article 37, and Article 38(1)2 and Article 50 of the Criminal Act are heavier.

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