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(영문) 인천지방법원 2017.11.24 2017고합479

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

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

Reasons

Punishment of the crime

Since one year ago, the defendant purchased clothes from a store in Incheon Seo-gu operated by D, the mother of the victim C (n, three years of age) through several times and knows face with the victim.

At around 14:00 on July 16, 2017, the Defendant sought the above store in order to purchase clothes between the above store and the spawn. At that place, the Defendant spawn and the spawn spawn kid kid kidd kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid kid

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

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of Acts and subordinate statutes on internal investigation reports;

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

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. The proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is unable to expect an effect of preventing recidivism by a foreigner due to his/her failure to communicate with the Korean language, and due to the lack of communication by the foreigner, there are special circumstances in which the order

I think)

1. In full view of the Defendant’s age, environment, family relations, social ties, criminal records, and the risk of recidivism (no criminal records in the Republic of Korea) of the Act on the Protection of Children and Juveniles against Sexual Abuse exempted from an order to disclose information, there are special circumstances in which the disclosure of Defendant’s personal information may not be disclosed, taking into account the Defendant’s age, environment, family relations, social ties, criminal records, and the profits and preventive effects expected by an order to disclose information, and disadvantages and side effects resulting therefrom;

[Determination]

Sentencing.