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(영문) 수원지방법원 2015.04.14 2014고합748

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall be ordered to take a lecture for the treatment of sexual assault for 80 hours.

Reasons

Punishment of the crime

The defendant is a small number of victims C (n, 8 years of age).

At around 10:00 on January 31, 2014, the Defendant, at the home of the victim's outer third village located in the wife population D, and at any time, was frighted to the victim with no inside and outside of the entrance, and was seated with the victim's chests and booms around the clothes with the victim's chests and panty and panty, and the victim's panty were frighted.

Accordingly, the defendant, who is under 13 years of age, committed indecent act by force on the victim who is a relative.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. C’s statement recorded in the video CD;

1. Application of Acts and subordinate statutes to family relation certificates, resident registration cards and copies of removed copies;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (a point of indecent act by compulsion against minors under the age of 13);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the concurrent crimes (a punishment imposed on any person in relation to relatives who violate the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Where a conviction on the facts constituting the crime stated in the judgment on personal information of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is 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 he/she shall submit personal information to

The issue of whether an order to disclose personal information and an exception to an order to disclose information constitutes “where there are special circumstances that may not disclose personal information” as prescribed in the grounds for exception to an order to disclose information and an order to disclose information, such as the Defendant’s age, occupation, risk of recidivism, etc., the type, motive, process, consequence, and consequence of