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(영문) 청주지방법원 충주지원 2017.01.26 2016고합70

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 sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2, 2016, around 13:35, 2016, the Defendant reported the victim E (n, 12 years of age) in front of the D convenience store located in the voice group C of Chungcheongbuk-gun, and committed an indecent act by force by making the victim's her m, her m, with the victim's her m, after the victim's her m, only once.

Accordingly, the suspect committed an indecent act by force against minors under the age of 13.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Recording records;

1. Application of CCTV-related Acts and subordinate statutes;

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 proviso to Article 21 (2) of the Act on the Protection of Juveniles from Sexual Abuse against Children and Juveniles from Order to attend a course (the defendant is difficult to expect the effect of re-offending through an order to attend a course due to a foreigner's lack of communication with the Korean language, and there are special circumstances in which an order

1. In full view of the following circumstances: Article 47(1) and Article 49(1) proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; Article 50(1) proviso to Article 50 of the Act on the Protection of Juveniles from Sexual Abuse [the Defendant’s age, occupation, environment, criminal record (no domestic criminal record) recognized in the record; the background and result of the instant crime; the circumstances after the crime; the effectiveness of the Defendant’s disclosure or notice of information on the Defendant; the effectiveness of the sexual crime expected to be disclosed or notified to the public; and the disadvantages and anticipated side effects of the Defendant, there are special circumstances that may not disclose

[Judgment] Grounds for sentencing

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

2. The scope of the recommended punishment according to the sentencing criteria [the types of sex offenses] shall be general standards;