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(영문) 광주지방법원 2018.10.05 2018고합328

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 9, 2018, at around 14:00, the Defendant found the victim D (the age of 11) who lives in a private teaching institute while eating a ice cream before the oral repair shop in the vicinity of the Seoul Northern apartment commercial building, and found the victim’s cream.

“In my own hand, the victim was kneeked with kneee by taking the victim’s knee with the victim’s kne, and the victim’s bucks, knekhs, and rhumd with the victim’s knee.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of video recording 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 the crime;

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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for any sexual crime before committing the instant crime, and the defendant has no record of being punished for any sexual crime, and the registration of personal information, taking lectures in the treatment of sexual violence, and restrictions on employment on institutions related to children and juveniles can expect the effect

I seem to appear.

In addition, if the defendant's age, family environment, the circumstances leading up to the crime of this case, the anticipated side effects that the defendant will suffer, profits expected from such order, and the effects of the prevention of sexual crimes, etc. are considered comprehensively, special circumstances where the defendant shall not disclose or notify personal information.