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(영문) 수원지방법원 2013.04.05 2012고합1368

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)

Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 05:00 on December 23, 2012, the Defendant discovered that the victim E (the aged 9) was locked around the 6th anniversary of the soup soup bank located in Suwon-si, Suwon-si, Suwon-si, the Defendant 1 was aware of the fact that the victim E (the aged 9) was locked, and had the victim fright to force by force.

The Defendant laid the CCTV camera with the six-story-to-the-six-story, followed the CCTV camera, and ran the victim into one man-to-face, and her am 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. Examination protocol of the accused by prosecution;

1. Each police statement of the E, F, and G;

1. Each investigation report (in respect of the content of the investigation ofCCTV, the attachment of photographs to the damaged site, the investigation into the actual state and place of residence of the suspect, with respect to the fieldCCTV video and detention warrant application cases);

1. Application of Acts and subordinate statutes to a report on the arrest of a suspect, a complaint, a yellow soil control site map, CCTV photograph, a CCTV photograph, an application for carbon, CCTV video CD, and a drilling report;

1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act and the choice of imprisonment with labor;

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. The main sentence of Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 38 (1) 1 and Article 38 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under the main sentence of Article 38-2 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for not less than two years and six months to 15 years;

2. Where the extent of the indecent act of a sex offender group and a sex offender group under the age of 13 (limited to matters to be mitigated) among the sex offenses subject to the age of 13 (limited to matters to be mitigated) is weak (limited to matters to be mitigated), imprisonment with prison labor for two years and six months from June to five years;

3. Determination of sentence: The defendant shall commit the instant crime in two years and six months of imprisonment;