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(영문) 청주지방법원 2019.04.26 2019고합36

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 January 11, 2019, around 13:25, the Defendant committed an indecent act by force against the victim C (V, 8 years of age, and household name) who was waiting for a change of signal at the front of the Seo-gu, Seo-gu, Seo-gu B apartment at Cheongju-si, Cheongju-si, on the victim’s own hand, “the sending of the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Defendant's legal statement;

1. The statements and stenographic records made by victims C contained in a statement video CD;

1. Application of the police statement law to D;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with prison labor;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in favor of the following circumstances):

1. Article 62 (1) of the Criminal Act (Resumed Arm's length in favor of the following)

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant suffers from dementia of a disease due to maturity, a disease due to Albimer's disease, and that it is difficult for him to properly communicate with the normal judgment and smooth communication, and other special circumstances where it is difficult for him to expect the effect of preventing recidivism of sexual crimes through taking sexual assault treatment lectures against the defendant, given that it is difficult for him/her to expect the effect of preventing recidivism through taking sexual assault treatment lectures in this court);

1. The fact that it is difficult to readily conclude that the accused has a risk of re-offending of a sexual crime, such as having no record of punishment against the accused for a sexual crime, etc. under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the fact that the registration of personal information on the accused and taking lectures in the treatment of sexual assault can have the effect of preventing re-offending, and the age, occupation, and occupation