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(영문) 의정부지방법원 2016.05.19 2016고합61

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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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 December 2, 2015, the Defendant discovered the victim E (V) who was mixed in front of the D cafeteria located in the G cafeteria at the time of the Government around 20:00 on December 2, 2015, and was faced with the victim's entrance alcohol by taking the victim's knife by hand.

Accordingly, the defendant committed an indecent act on the part of the victim who is under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes (E);

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. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

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

1. It is anticipated that an order to disclose information and a notification order may be given to a certain extent that the effect of preventing re-offending can be expected as well as the registration of personal information of the accused and the lecture for treatment of sexual assault, as well as the fact that the accused has no record of punishment for a sexual crime, as well as the registration of personal information of the accused and the lecture for treatment of sexual assault;

In full view of the Defendant’s age, family environment, social ties, benefits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects arising therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

(C) If a judgment of conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment on the registration of new information, the defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person must submit personal information to the competent agency pursuant to Article

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The mitigated area (two years, in case of forced indecent acts) of the types of sex offenses subject to the age of 13 and the general criteria for the sentencing criteria (the scope of the recommended punishment).