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(영문) 광주지방법원 2014.01.09 2013고합493

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)등

Text

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

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is the prone of the victim C(n, 4 years of age).

At around 14:30 on August 31, 2013, the Defendant: (a) taken the Defendant’s house located in D203 of the Gwangju Mine-gu, to kneeee the victim’s will; (b) took knee the victim’s will; and (c) took the Defendant’s sexual organ into consideration and sknee the victim’s sexual organ.

Accordingly, the defendant committed indecent acts by taking advantage of blood relationship, victim under 13 years of age to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on family relation certificate;

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, Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act;

1. Punishment prescribed in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (a quasi-indecent act by compulsion in the relation of relatives);

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) and the main sentence of Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing of a child or juvenile exempted from disclosure or notification order (in light of favorable circumstances, etc. that are seen as the grounds for sentencing below, it is difficult to deem that a defendant is likely to recommit a sexual crime, and in full view of all other circumstances, it is difficult to deem that the defendant has any special circumstances that the disclosure or notification of personal information should not be disclosed or notified)

1. The crime of this case is very bad that the defendant committed an indecent act on the friendship of 4 years of age that the defendant was diving.

On the other hand, the defendant led to the confession of the facts charged in the instant case against his mistake.