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(영문) 인천지방법원 부천지원 2014.06.09 2014고합27

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On January 27, 2014, the Defendant was sentenced to a suspended sentence of three years in January 1 and June, 2014, for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) in the Vice-Support of the Incheon District Court, and the judgment became final and conclusive on February 4, 2014

【Criminal Facts” around 14:50 on December 29, 2013, the Defendant committed an indecent act upon finding the victim D (the age of 12) who was fright with his/her friendship together with his/her friendship in order to attend the church graduation ceremony from the Seocheon-gu, Seocheon-gu C C C C C C C C C C C C C C C of the church.

As a result, the victim avoided the scam from the left side of the scam and prevented the scam from leaving the scam by leaving the scam to the scam of the scam.

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

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements;

1. Expert opinion (Evidence Nos. 3);

1. A written E (Evidence No. 10);

1. Previous convictions indicated in judgment: Criminal records (Evidence No. 11) and criminal investigation reports (Evidence No. 13) and the application of Acts and subordinate statutes;

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

1. Handling concurrent crimes and mitigation thereof: the latter part of Article 37, Articles 39 (1) and 55 (1) 3 of the Criminal Act;

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 extenuating circumstances among the reasons for sentencing);

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The grounds for sentencing under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse fall under concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, the sentencing criteria are not applicable.

1. The scope of applicable sentences: Imprisonment for one year and three months to seven years;

2. Determination of sentence: two years of imprisonment; and