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(영문) 인천지방법원 부천지원 2014.01.06 2013고합224
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was aware that he was out of the Embrypt C (M, 11 years old) and was aware of it.

At around 12:30 on July 2, 2013, the Defendant: (a) reported the victim who was seated in the 'E, which is operated by the third party of the victim of the victim D in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, and became a mixed computer, and forced the victim to enter the victim, and forced the victim to enter the victim, and forced the victim to collect the victim's existing in the victim's entrance, and added the victim to the victim who was intending to go to go to the victim, and forced the victim to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to family relation certificates and resident registration copies;

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 extenuating circumstances among the reasons for sentencing);

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

1. The grounds for sentencing [the scope of punishment under law] [the reasons for sentencing] : (a) 2 years and 6 months to 15 years [the range of punishment [the range of punishment recommended] ] / general standards; (b) sex offenses; (c) sex offenses; (d) sex offenses subject to 13 years of age; and (e) types / Type 3 [special siblings] mitigation factors: (e) mitigation factors: (e) mitigation factors of punishment; (e) punishment; (e) punishment for a defendant as it is difficult to deem that the defendant does not disclose or notify personal information; and (e) the defendant’s age, character and conduct, etc. are difficult to deem that there is a risk of re-offending; and (e) punishment for a defendant is not disclosed or notified.

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