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(영문) 인천지방법원 부천지원 2017.01.13 2016고합191

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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

The Defendant, around 07:00 on April 10, 2016, in the case of 07:00, the Defendant, “D” located in YYY C, and the Defendant, “after approaching the victim E (the name of the victim and the age of 10) who was able to take a bath together with the punishment,” the written indictment that “after approaching the victim E (the victim E) with the time close and approaching the time.” However, the following “reasons for sentencing” needs to be corrected for the same reason as indicated in the column for sentencing, and there is no difficulty in guaranteeing the Defendant’s right to defense, thereby recognizing it ex officio.

The victim's sexual flag and traw became frequently known.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. E’s statement in video recording CDs;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to expert opinions on stenographic acts against children or persons with disabilities in sex;

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. 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, Article 49(1) proviso, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age and occupation, type and motive of the crime, the process and consequence of the crime, the existence of the same power and the risk of recidivism, the disclosure and notification orders, the degree of disadvantage and anticipated side effects of the Defendant’s entry, and the prevention effect of sexual crimes subject to registration that may be achieved therefrom.