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(영문) 광주지방법원 2016.10.07 2016고합218

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for three years.

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 June 22, 2016, at around 07:48, the Defendant discovered the victim D (nick, 9 years of age) who was collecting recyclable garbage separately from the separate collection place of the Nam-gu Seoul metropolitan apartment recycling and collection area, had the victim's negative part by humping the victim's hump with the victim's hump and humping the victim's hump with the victim's descendants.

Accordingly, the defendant committed indecent acts by force against the victim under the age of 13.

Summary of Evidence

1. Partial statement of the defendant;

1. Stenographic records of the Gwangju Sea Center;

1. Application of CCTV CDs (based on the CCTV images, it can be recognized that the defendant committed an indecent act against the victim as stated in the facts constituting the crime, and the defendant also has the intent to commit an indecent act in light of the content of the crime) and 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 criminal facts;

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 consideration shall be made again for the reason of sentencing);

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

1. Reasons for sentencing in light of the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including that there is no history of any sexual crime against the accused, and the extent and expected side effects of the accused’s disadvantage due to an order to disclose or notify information, the effects on the prevention of sexual crimes subject to registration that may be achieved therefrom, and the effects on the protection of victims from sexual crimes subject to registration, etc.), etc.

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. The general criteria for the application of the sentencing criteria (determination of types).