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(영문) 인천지방법원 부천지원 2014.06.20 2014고합35
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

At around 15:00 on December 6, 2013, the Defendant discovered the victim D (the age of 8) who marked with the mixed person D (the age of 8) in front of the building, and attempted to commit an indecent act, made the victim out close to the victim, and entered the victim's male toilet in the above park, carried the victim into the male toilet in the above park, cut off the victim's panty and panty typbuck, and forced the victim to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Recording notes (Evidence Nos. 9) and pictures thereof (Evidence Nos. 8);

1. Application of Acts and subordinate statutes to expert opinion (Evidence 11);

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

1. Reasons for sentencing under Articles 49 (1) 1 and 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are ordered to disclose or notify;

1. The scope of applicable sentences: Two years and six months to fifteen years;

2. The basic area of Type III (the recommended area and the scope of recommendations) (the scope of recommendations and recommendations) of sex offenses subject to the age of 13 and the general standards for sex offenses according to the sentencing guidelines: four years to seven years.

3. Determination of sentence: Imprisonment with prison labor for three years and suspended execution for five years; the crime of this case committed by the defendant with eight-year-old female children playing in the playground by inducing them to a nearby toilet; the crime is very bad; the victim still has not yet been able to suffer considerable mental shock due to the instant case; and the defendant does not make any effort to recover from damage to the victim.

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