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(영문) 서울서부지방법원 2019.08.29 2019고합147

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)

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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 30, 2018, from around 18:00 to 18:20 on the same day, the Defendant accessed the victim D (name, credit, 7 years old), the victim E (name, credit, and 7 years old) who was playing in front of the Mapo-gu Seoul Metropolitan Government apartment Cdong entrance, and showed the sex of the victim E (name, credit, and 7 years old) and expressed his/her sexual organ, and her sexual organ was met with the victim D's clothes, and the victim E's flac was able to commit an indecent act by force against the minor victims under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning F and G;

1. Each stenographic record of D or E;

1. Three copies of a investigation report (related to the attachment of CCTV images and photographs near the site), on-site photographs;

1. Application of Acts and subordinate statutes of one copy of a detailed statement for handling 112 reported cases;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Relevant Provisions concerning the facts constituting an offense and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [aggravated Punishment of Sexual Crimes, etc. (a minor and indecent act by compulsion against a victim D with a heavier penalty)]

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. Reasons for sentencing under the main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Probation and Order to Attend

1. Scope of punishment by law: Imprisonment with prison labor for a period of two years and six months to two years for a period of two years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) General standards for a sex offense (determination of a type) committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age);

(d) The basic area of the sex offense subject to the age of 13 [Type 3] and the basic area of the indecent act by compulsion (the recommended field and the scope of recommended punishment], 4 to 7 years of imprisonment;

(b) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for a period from 4 to 10 years, two or more crimes.