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(영문) 수원지방법원 안산지원 2017.08.11 2017고합123

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

Reasons

Punishment of the crime

On May 2, 2017, the Defendant discovered “E” in “E,” the victim F (one year old, ten) who used and play play equipment, and called “the victim may speak,” and opened the victim’s seat on the side of the wooden Council that he/she was seated, and led the victim to his/her her son’s son’s son.

The Defendant continued to move the victim to the rear of the play gate, which does not hold the victim's snow in another person, and continued to take the hand to the inside of the victim, and taken the chest to the inside and outside of the victim, and taken the hand to the lower inside, and knife the part of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. F’s statement recorded in video recording CDs;

1. Report on internal investigation (No. 13 No. 13 of the evidence list);

1. Application of the Acts and subordinate statutes to photograph CCTV images CDs and CCTV screen images by capturing them;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning the selection of the relevant legal provisions and the punishment concerning the 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. Exemption from disclosure orders and notification orders: (a) the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no record of punishment for a sex offense; (b) the defendant reflects his/her mistake and compensates for the damage; and (c) the defendant has agreed to do so with the victim; and (d) the defendant's age, occupation, family environment, social relationship, etc., only by registering personal information of the defendant and taking lectures to treat sexual assault may have the effect of preventing re-offending

In addition, the details and circumstances of the instant crime, and the disclosure notification order are given.