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(영문) 대구지방법원 안동지원 2018.02.08 2017고합53
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

1. On October 18, 2017, the Defendant forced the victim C to commit an indecent act against the victim: (a) made the victim C (11) seated in his/her side knee and knee in his/her knee and knee in his/her knee on the packing fel in Adong-si, Ansan-si; (b) committed an indecent act against the victim C.

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

2. The Defendant committed an indecent act by force against the victim E at around 17:50 on the same day, committed an indecent act, such as making the victim E (12) skidly use the victim and kiscing the victim in the above place.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The application of statutes governing stenographic records at each center of the North Korean Dos;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof, and Article 298 of the Criminal Act;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes prescribed in the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims C with heavier punishment (the indecent act by a minor under 13 years of age)];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. Imprisonment with prison labor for not less than two years and not more than six months but not more than two years and not more than six months;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by a minor under the age of 13), [types] sex offenses, general standards, sex offenses subject to the age of 13, Type 3 [Special Sentencing Persons] mitigated elements: Non-Mitigation of punishment [the scope of recommended punishment] mitigated areas, imprisonment with prison labor for not less than two years and not more than five years;

B. From 2 years and 6 months to 7 months according to the final sentence range according to the standards for handling multiple crimes.

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