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(영문) 의정부지방법원 2018.01.10 2016고합29

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

On September 2015, 2015, the Defendant collected money from Yangju-si apartment C, 703-dong 805, 705, and the mother who has a intellectual disability of the victim D (V) in the heart of his mother, and was seated on the floor of his knee, and kneed the victim into the victim's seat.

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

Summary of Evidence

1. Partial statement of witness E;

1. Afforestation stenographic records of statements made by victimized children;

1. A place for counseling;

1. Application of Acts and subordinate statutes to investigation reports (related to video recording of victims);

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the degree of indecent conduct and the exercise of force in the instant case] are relatively important, and there is no record of having been punished for committing the same kind of sexual crime, and there is no record of criminal punishment in light of the circumstances where there is no record of criminal punishment, etc., that can prevent recidivism even by taking the registration of personal information of the Defendant and taking lectures in treating sexual assault against the Defendant;

In full view of other circumstances such as the defendant's age, motive and method of crime, defendant's character and conduct environment, degree of disadvantage suffered by the defendant due to the defendant's order of disclosure, anticipated side effects, etc., there are special circumstances in which disclosure of the defendant's personal information may not be disclosed.

The Supreme Court Decision 2011Do16863 Decided February 23, 2012 (see, e.g., Supreme Court Decision 2011Do16863, Feb. 23, 2012) is found guilty on the facts