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(영문) 전주지방법원 군산지원 2018.01.25 2017고합148

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 21, 2017, around 21:00, the Defendant committed an indecent act by force by inserting the Defendant’s hand into the Defendant’s dwelling room located in Si, Gun, c, and 110, with the victim D (five years of age), who sits in the table, sits in the table, and sits in the victim’s seat, and inserting the Defendant’s hand into the victim’s seat, her inner clothes, and put the Defendant’s hand into the victim’s body.

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. Recording records (the page of the investigation records, No. 215-282);

1. Notice of the results of statement analysis;

1. Application of investigation reports (the attachment of victim pictures, photograph of out-of-victim photograph of victim, attachment of a confirmation letter of counseling on damage to the former North Seaba Center, attachment of expert opinion of the case of sexual assault against children, confirmation at the scene of the crime, attachment of photographs, and screening of the scamba of the scamba of the victimized child to Scam, etc.);

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration of personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

There is no record of a sexual crime against a defendant exempted from an order to disclose or notify personal information, and the circumstance shown in the background or record of the crime in this case alone is likely to commit a sexual crime against a defendant or recommit a sexual crime.

In this case, it is difficult to conclude.