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(영문) 대구지방법원 2021.01.22 2020고합415

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)

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

Reasons

Criminal facts

The defendant was a university student of the C Group B, a university student of B, and the victim D (a family name, South, and nine years of age) is an elementary school student attending the winter.

around 05:00 on January 8, 2020, the Defendant: (a) moved the victim, who was locked before the visit, to the inside of the port, while taking charge of the flusing of fire in the E Building Fhead on the racing, and (b) moved the victim’s body to the buckbucks; (c) let the victim get off the body where the victim was suffering; and (d) promptly buck

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistance impossible condition under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of statutes governing stenographic records to D;

1. Article 7(4) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 299 of the Criminal Act, Articles 299 of the Criminal Act, and the selection of imprisonment for a crime

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

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); (b) there are special circumstances in which the disclosure and notification of personal information may not be made, in full consideration of the Defendant’s initial crime; the Defendant’s age, occupation, family environment, social relationship, disclosure or notification order; the degree of disadvantage and anticipated side effects of the Defendant’

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 16622, Nov. 26, 2019), the former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 620, Jun. 2, 2020)