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(영문) 수원지방법원 평택지원 2014.11.05 2014고합157

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

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 July 28, 2014, at around 15:34, the Defendant found the victim D (six years of age) who was waiting for the transit of the Taekwondo Research Institute, and Dara, called Dana, Dana, Dana Dana Dana Dana Dana Dana Dona Dona Dona Dona, Dona Dona Dona Dona Dona Dona, Dona Dona Dona Dona, Dona Dona Dona Dona Dona Dona Dona Dona Dona Dona na na na

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of stenographic records in the statement made by a victim E in a stenography E;

1. Statement of investigation report prepared by the police;

1. Application of each investigation report (including attached documents and photographs) on police preparation to each entry in or video (including attached documents and photographs) of each investigation report (referring to the confirmation of CCTV management office / accompanied by a written opinion of a counsel / a statement of opinions of a

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. 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2), the main sentence of Article 21 (3), Article 2 subparagraph 2 (b) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59 of the Act on Probation, etc.

1. In full view of all the circumstances, such as the Defendant’s age, occupation, family environment, social ties, previous convictions, and the risk of re-offending, which are acknowledged as recorded, the Defendant’s personal information disclosure order or notification order, and the effect of the Defendant’s disclosure and prevention, as well as the disadvantages and side effects therefrom.