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(영문) 서울서부지방법원 2018.09.13 2018고합146

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 November 24, 2017, the Defendant, at around 15:42, 2017, was on the part of the victim D(8) who was a bicycle in the elevator of Eunpyeong-gu Seoul apartment apartment in Eunpyeong-gu, Seoul, the Defendant called “to ice,” and called “the victim’s ice to ice,” and the victim’s her son was cut off three times by hand, and the victim’s sexual flag and bucks were suck off three times again.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. Records of statements made for damage;

1. Application of Acts and subordinate statutes to report internal investigation (verification of CCTV video data installed at a scene of crime);

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. In full view of the overall circumstances, such as the fact that the defendant has no record of punishment prior to the crime of this case, the defendant's age, family environment, social relationship, etc., compared to the disadvantage and anticipated side effects that the defendant may suffer due to the disclosure or notification order, there are special circumstances under which the defendant may not disclose or notify his/her personal information, in light of the overall circumstances, such as the fact that the effect of the prevention of sexual crime, etc., which can be achieved by the disclosure or notification order, appears to be relatively less than the disadvantage and anticipated side effects that the defendant may suffer, due to the disclosure or notification order, appears to be relatively small.

[Determination]

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the substance and result of the instant crime, the age, family environment, and social ties of the Defendant) exempt from the employment restriction order;