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(영문) 대구지방법원 김천지원 2013.08.30 2013고합38

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)

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

At around 23:00 on December 24, 2012, the Defendant committed an indecent act against the victim under 13 years of age by putting him/herself into the clothes of the victim, making him/her feel breath while playing TV at the house of Bana and D, who is located in Bana, Japan on 23:00 on December 24, 2012, by putting him/her in the clothes of the victim, and making him/her feel breath while displaying TV, and without avoiding this, she saw him/herself into the clothes of the victim of drinking drinking, and she saw him/her as having his/her fingerd into the clothes of the victim, and making him/her only the above part of the drinking part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of each police investigation report (to file a report, such as video recording and recording notes, filing of a criminal suspect's files, filing of a transcript of the suspect's book, drawing of field photographs, filing of written opinions of experts in child sexual assault, and filing

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 16 (4) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Social Service Order, Article 62-2 of the Criminal Act, and Article 59 of the Act on the Inspection, etc. of

1. 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: Whether a child or juvenile exempted from a disclosure order or notification order under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse constitutes “where it is determined that any special circumstance exists that may not disclose personal information” as the exception to a disclosure order and notification order under the proviso to Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be admitted by the Defendant due to the nature of the offender, such as the Defendant’s age, occupation, and the risk of recidivism, such as the type and motive of the relevant crime, the process of the relevant crime, the seriousness of the relevant crime