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(영문) 창원지방법원 통영지원 2016.01.28 2015고합81

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On October 3, 2015, the Defendant discovered the victim E (nives, age 11) in front of the D on the street in Gyeongsung-gun, Gyeongnam-gun on October 11:18, 2015, committed an indecent act by committing an indecent act by committing an indecent act against the victim, preventing the victim from being pushed off with the wall of the building where the victim was located with the wall of the building, and by using the victim's shoulder to his hand.

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

[Facts of the ground for attachment order] The defendant should be subject to protection observation while suspending the execution of punishment, and it is necessary to attach a location tracking electronic device to confirm the implementation of the rules during the period of protection observation.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of two Acts and subordinate statutes to stenographic records or video recorded CDs for victims;

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;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in consideration of the conditions favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 21 (2) and (4) of the Act on the Protection and Observation of Children and Juveniles against Sexual Abuse and Order to Attend Courses;

1. The main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 28(1) of the Act on the Protection and Observation of Specific Criminal Offenders in the Suspension of Execution of the Protection and Monitoring of Electronic Devices [The following circumstances acknowledged by the evidence duly adopted and examined by this court and the written investigation prior to the claim, namely, the Defendant was sentenced to two years of imprisonment for a crime of violating the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Rape, etc. of Minors under the age of 13) in the Changwon District Court’s branch support on June 17, 2010 and completed the execution of the sentence in Busan Prison on March 10, 2012, and the above crime was under low alcohol.