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(영문) 서울남부지방법원 2015.01.09 2014고합153

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

On March 1, 2014, at around 14:25, the Defendant committed an indecent act against the minor victims under the age of 13, such as the victim E (n, 7 years old), F (n, 6 years old), and F (n, in the game) opened in Yangcheon-gu Seoul Metropolitan Government, using the crebs in which the victim E (n, 7 years old), and F (n, South, and 6 years old) are playing in the game, and then attracts the victims into two arms, using the crebs in which they do not have a protector, and write down the part of the victim E’s clothes with the left hand, and write the part of the part with the victim E with the upper part of the victim E, and write the part and the part of the part with the upper part of the part of the victim’s F’s clothes.

Summary of Evidence

1. Defendant's legal statement;

1. Records in each protocol with respect to E and F and each video recording CD;

1. A CD-recording photographs and CCTV video-recording data by capturing CCTV images;

1. Application of Acts and subordinate statutes to investigations reports on victims of children and persons with disabilities;

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;

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

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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

6. The issue of whether an order to disclose or notify information constitutes “any special circumstance to be prohibited from disclosing or notifying personal information” as one of the grounds for exception to an order to disclose or notify information under the proviso to Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, shall be determined by the Defendant’s age, occupation, risk of recidivism, etc., characteristics of the offender, such as the type, motive, process, consequence, seriousness of the offense, etc., the degree of disadvantage and anticipated side effects of the Defendant’s injury due to an order to disclose or notify information, and the prevention of sexual crimes subject to registration that may be achieved therefrom.