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(영문) 부산지방법원 2014.07.11 2014고합120

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

around 15:50 on December 13, 2013, the Defendant, at the crosswalk in front of the “D Hospital” located in the Busan Yadong-gu, Busan Yadong-gu, passed by the victim E (here, 10 years old) who was located in that area, and turned back his hand to the upper part of the victim’s sound, and turned back to the upper part of the body above the clothes.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statements recorded in E;

1. Police video CDs against E;

1. Application of Acts and subordinate statutes to investigation reports (as to the oral statement of theF for reference);

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 16 (2), Article 16 (3) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 59 of the Act on Probation, etc.;

1. Reasons for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Public Disclosure Orders and Notification Orders, the main sentence of Article 49(1)2 and (3), the main sentence of Article 50(1)2 and the main sentence of Article 50(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences] from 2 years and 6 months to 15 years [the scope of applicable sentences], general standards, sex crimes against less than 13 years to 13 years old, sex crimes against less than 3 years [special-purpose persons] where the degree of indecent acts is weak [the elements for mitigation] serious reflects and criminal punishment [the scope of recommended sentences] [the scope of punishment] 2 years and 6 years to 5 years [the extent of indecent acts committed by public officials]] and there are no major reasons for the suspended sentence, and there are no major reasons for the suspended sentence beyond 2 years to 6 years to 3 years to ].