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(영문) 광주지방법원 2016.09.30 2016고합257

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for three years.

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 1, 2016, the Defendant: (a) around 14:00-15:00, around 14:00, the victim D (the name, fring, 2006 life, 9 years old) who passed by his own side of the victim D (the name, fring, 2006 life, 9 years old) in the primary apartment complex in Gwangju North-gu, Gwangju-gu, where the victim’s clothes and frings the victim’s clothes with a prolonged hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing stenographic records;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant has no criminal record, the motive and method of committing the instant crime, the character, conduct and environment, etc. of the defendant, etc., and the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, and the effects of preventing sexual crimes subject to registration and protecting victims from sexual crimes subject to registration, there are special circumstances in which the defendant may not disclose or notify personal information.

[Judgment] Grounds for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. Application of the sentencing criteria [Determination of types] There is no three types of sex offenses subject to the age of less than 13 (voluntary indecent act) (the scope of recommending punishment] (the scope of recommending punishment), basic area of punishment, four years to seven years of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for three years, and with respect to the crime of this case for four years of suspended execution, the victim who is aged by the defendant;