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(영문) 의정부지방법원 2013.07.05 2013고합156

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

Criminal facts

Defendant,

1. From the D student clothes operated by the Defendant in accordance with C 105 at the Namyang-si, Namyang-si, 2012: (a) enticed the victim E (at 12 years of age) by showing poppy to the victim; (b) spoppy from the victim’s own side to spoppy; (c) spoppy by using the victim’s spoppy to spoppy; and (d) by using the victim’s sp

2. Around 17:00 on January 22, 2013, at the place indicated in the foregoing paragraph 1., at the middle school uniformed by the victim, and became inside the victim’s arms while taking the victim’s arms, and the victim’s chest was taken by force by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Copies of welfare cards and resident registration certificates;

1. Application of Acts and subordinate statutes concerning the case

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) and Article 298 of the Criminal Act concerning criminal facts;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age), 38 (1) 2 and 50 of the same Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

1. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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) that ordered disclosure;

1. Grounds for sentencing under Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of punishment: Imprisonment for a period of two years and six months to twenty-two years;

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

(a)basic crimes, concurrent crimes -.