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(영문) 수원지방법원 2015.12.08 2015고합522

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 February 17, 2015, from around 17:00 to 17:30, the Defendant started from the D Senior Welfare Center in Suwon-si, the Defendant committed an indecent act by force against the victims by gaining access to the victim E (8 years old), the victim F (7 years old), who sited on the back of the D Senior Welfare Center, within the 2nd unit of the D Senior Citizens Welfare Center, and with access to the victim E (8 years old), and the victim F (7 years old), with the victim E-buckbbbbbbbing one stop, and turned the chest into the knick, and committed an indecent act by force against the victims by force, by gaining the chest of the victim F (7 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G and H prepared;

1. Each investigation report (including data appended respectively);

1. An expert opinion of each child or disabled person regarding sexual assault cases;

1. Application of the police statements, video recording CDs-related Acts and subordinate statutes to F and E;

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 of such crimes;

1. Of concurrent crimes, the punishment prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against E with heavy penalty);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (the foregoing sentence shall be taken into consideration in light of the circumstances);

1. Where a conviction becomes final and conclusive on the facts constituting the crime stated in the judgment on personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to the competent agency

Whether the disclosure order, exemption order, and exemption order, constitutes “any special circumstance to not disclose personal information” as the exception to the disclosure order.