beta
(영문) 인천지방법원 2019.08.23 2019고합427

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

Reasons

Punishment of the crime

On December 4, 2018, around 08:30 on December 4, 2018, at the front of the convenience store of building C in the Nam-gu Incheon Metropolitan City, the Defendant: (a) reported that the victim D (Gain name, leisure, nine years old) 7 years old is walking along with the male dynamics of 7 years old; and (b) told the victim to commit an indecent act against the victim; and (c) led the victim to the victim’s suffering from the victim’s entrance.

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

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of D;

1. E statements;

1. CCTV photographs at the site of the case;

1. Application of Acts and subordinate statutes to each investigation report (the appendix of green land by the victim and the securing of CCTV data near the site of the case);

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 298 of the Criminal Act and the choice of imprisonment;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. 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 there is no record of punishment for a sex offense by the defendant and that the registration of personal information of the defendant against the defendant and the order to attend a sexual assault treatment lecture alone appears to have the effect of preventing re-offending; and in full view of all other circumstances, such as the defendant's age, environment, social ties, family relationship, anticipated side effects that the defendant suffers from disadvantage and expected side effects of the defendant due to the order to notify disclosure, and the prevention effect of a sexual crime that can be achieved therefrom, there are special circumstances where the disclosure of personal information of

1. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 2 of the Addenda to the Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) of the Act on Welfare of Persons with Disabilities.