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(영문) 대구지방법원 2013.12.13 2013고합342

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

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

Defendant

In addition, at around 19:00 on June 6, 2013, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") committed an indecent act by force, such as finding the victim C (n, 8 years of age) and holding the said victim in knee and pane, making the victim knee and panty, and drinking and drinking and drinking.

Accordingly, the defendant committed an indecent act by force against a person under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A report on investigation (referring to photographing a criminal scene);

1. Application of recording records or video CD-related 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. 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 consideration shall be made again for the reason of sentencing);

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides probation, community service and attend lectures;

1. Article 38 (1) 1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) concerning an order to disclose;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 38-2(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the argument is that the Defendant committed an indecent act by deceiving the victim's ship and panty, but the Defendant did not have the victim's panty and panty.

2. The following circumstances found by the evidence duly adopted and examined by this Court, namely, the victim was suffering from Titrts and panty as soon as possible at the time, but the Defendant left the victim’s internal clothes and panty to the bottom of the victim’s buckbucks.

We examined the inspection

As stated below, we ambling and ambling.