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(영문) 광주지방법원 2016.09.02 2016고합268
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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 May 4, 2016, at around 16:30, the Defendant: (a) had a victim E (the 8 years old), who passed the front of the D pharmacy in Jinjin-si, had the victim go through both arms, kid the victim, kid the victim, and kidd the victim with his/her arms, and (b) had the victim be kid by the victim's entrance, and kid by hand the victim's chest.

Accordingly, the defendant committed indecent acts by force against the victim under the age of 13.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Stenographic records of the integrated support center for victims of sexual assault;

1. Application of Acts and subordinate statutes to report internal investigation (or relative investigation, such as a site and victim);

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. Determination as to the defendant and his/her defense counsel's assertion in full view of the following: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of being punished as a sexual crime for about 14 years since he/she was punished as a crime of indecent act by force on December 27, 2002); (b) the degree and expected side effects of the defendant's disadvantage due to the disclosure order and notification order; (c) the prevention of the sexual crime subject to registration that may be achieved by such order; and (d) the protection effect against the sexual crime subject to registration

1. The summary of the assertion has been treated for approximately 10 years as alcohol addiction, and the crime of this case is committed.

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