beta
(영문) 창원지방법원 마산지원 2016.10.28 2016고합78

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 12:35 on July 9, 2016, the Defendant: (a) reported that the victim D (titled, 8, and 9 years of age) is sounding in front of the Yongsan-gu, Changwon-si; (b) had the victim's shoulder at one hand in order to force the victim; (c) had the victim's shoulder at one hand at one hand; (d) had the victim shocked the victim's shoulder; and (e) had one hand carried the victim at one hand while driving the victim; and (e) had the victim her chestd with the part above; and (e) had only two times the victim's chest her chestd with the victim's chest in front of the Changwon-si, Changwon-si; and (e) had his fingerd into the panty part, and had the victim her part at one time the part above panty part of the victim's sound.

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. Stenographic records and prior written opinions of experts on sexual assault against children with disabilities;

1. On-site photographs, clothing photographs, black fluor photographs, photographs, black fluor video files storage CDs;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

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. 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Reasons for sentencing under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

2. Where the degree of indecent act in the category 3 (special mitigation) (type 1 and type 3) (the scope of recommending punishment) is weak in the range of recommending punishment on the sentencing guidelines (the determination of types of punishment) and the extent of punishment on a sex offense subject to the age of 13 (the special mitigation) [the scope of recommending punishment] mitigated area, two years and six months to five years.

3. The crime of this case by which the sentence of sentence is to be pronounced is to be committed by the defendant.