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(영문) 수원지방법원 안산지원 2019.05.10 2018고합230

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

The defendant is the father of the victim B (n, 10 years of age) who is the father of the victim.

On March 2, 2018, the Defendant: (a) around 01:20 on March 2, 2018, at the home space of the victim of Go Chang-gun C apartment △△△△△△△, the Defendant met the damages of the victim who is locked by the father of the victim, who is influencing the crepit, and continued to include the victim’s hand in the inner part of the victim’s hand, and used the victim’s chests and rhums; and (b) included the victim’s hand in the inner part of the victim’s hand and h

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 (victim B);

1. The application of Acts and subordinate statutes to report internal death (a copy of the victim's school life register and counseling day), investigation report (a letter of request for appraisal of evidence taken from the victim), investigation report (a letter of request for appraisal of a suspect's oral cells) (a letter of request for appraisal) and investigation report (a letter of request

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. 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. In light of the relationship between the Defendant and the victim who failed to issue an order to disclose or notify the personal information of the Defendant, and the background of the instant crime, etc., it is difficult to see that the Defendant is highly likely to recommit sexual crimes against many and unspecified persons, and in full view of the benefits and preventive effects expected by an order to disclose or notify the Defendant, and the disadvantages and side effects therefrom, the Defendant’s personal information may not be disclosed or notified.

1. When considering the relationship between the defendant and the victim subject to an employment restriction order and the circumstances leading to the instant crime, etc.