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(영문) 수원지방법원 안양지원 2015.01.16 2014고합188
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 August 13, 2014, around 11:10 to 11:35, the Defendant had the mind that the victim F, who caused the above fire extinguishing agents to the above Health Center in the heart of the child's mother in the 'E Health Center' operated by the Defendant in Ansan-si, had the mind that the victim F, who caused the above fire extinguishing agents to the above Health Center, was the mixed person, was forced to commit an indecent act by force.

The Defendant, in order for the victim to get her knee of the victim, knee of his knee by her kne, her knee by placing his knee into his knee, her knee into the panty, and her knee in the vicinity of the victim, and her knee passed in the future of the above Health Center, so that people are forced to her the arms of the victim and people are not contacted, and her knee of the victim was forced to walk into the kitchen room and her knee of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of the victim's statement, and inside the victim's health center;

1. Application of the Acts and subordinate statutes that output photographs to the head of an investigation report (specific suspect), E Healthy or out-of-the-door photograph, and the head of an early files of CCTV storage devices;

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. 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. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Application of the sentencing guidelines (determination of a type), sex crimes, general standards, sex offenses against which the age of 13 is subject, and mitigation factors of types 3 (specially impactative acts by compulsion): Imprisonment with prison labor for a period of two years and six months.

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