beta
(영문) 수원지방법원 안산지원 2015.08.28 2015고합86

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, the person subject to the request for attachment order (hereinafter referred to as the "defendant") committed each indecent act by force against the victims under 13 years of age, when they lack the ability to discern things or make decisions due to cerebral or intellectual obstacles, etc.

1. Around December 1, 2014, around 15:00 of the day from the lower end of the day of the Defendant, the Defendant: (a) Dad to the victim E (VW) in front of the “Dus” located in Sinsi-si, Sinsi; and (b) Dad to the victim E (VW), laid his hand into the victim’s inner part; and (c) Kad to the victim’s chest

2. The Defendant, at the above date and time and at the above place, set aside to the victim F (V, 7 years of age) the victim F and kidd the victim’s kids and kids, and kids the victim’s kids and kids.

Summary of Evidence

1. Defendant's legal statement;

2. Application of each police protocol of statement to E and F;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

2. Legal mitigation under Articles 10 (2) and 55 (1) 3 of the Criminal Act;

3. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes by a penalty prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) with respect to a victim F with heavier penalty);

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

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

6. In full view of the fact that the Defendant appears to have committed each of the instant crimes in a state of mental disorder under 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, the Defendant has no record of punishment for sex offenses, and other various circumstances indicated in the records, such as the Defendant’s age, character and conduct, environment, family relationship, etc., an order to disclose or notify the registration information to the Defendant.