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(영문) 수원지방법원 안산지원 2014.04.18 2013고합437

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

Defendant

In addition, on August 8, 2013, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") was playing together with the grandchildren and the victim D (V, 8 years of age) who are his/her own residence in Ansan-si, Ansan-si, 106 106 dong 106 dong 106 dong 106 dong, and the grandchildren and their relatives are living out of the body, write down the crebs of the victim's crebs, write down the crebs of the victim's crebs, and read the part of the victim's crebs as his/her hand.

Accordingly, the defendant committed indecent acts against the minor victim under 13 years of age due to assault.

Summary of Evidence

1. Defendant's legal statement;

2. Application of Acts and subordinate statutes governing recording recording of D's statement;

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 criminal facts;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. The reason for sentencing of a defendant's personal information is determined to be disclosed in full view of all the circumstances indicated in the records, such as the defendant's age, occupation, family relationship, the profits expected and the preventive effect expected due to the disclosure or notification order to the defendant, and any disadvantages and side effects of the defendant's personal information disclosure, in light of the following: (a) the defendant's act of committing the crime of this case appears to have been committed somewhat impulsely and prone; (b) the degree of indecent act is relatively minor; (c) the victim's parents and parents have been smoothly agreed with the victim; (d) there is no history of punishment due to sexual assault; and (e) the defendant's age, occupation, family relationship, disclosure order or notification order to the defendant; and

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

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

(a)types: sex offense group - sex offenses subject to the age of less than 13 of general standards;