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(영문) 광주지방법원 해남지원 2019.06.19 2018고합43
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 29, 2018, the Defendant, around 14:54 on October 29, 2018, followed by the victim D, waiting for signal at a crosswalk in front of the c center located in Jindo-gun, Jindo-gun, Jindo-gun, (the 11th age age), her hand, her hand, and her her her her her her her her her her her part, and her her

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

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the victim recorded in the video CD;

1. A report on internal investigation:

1. Application of the photographic Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. Article 47(1) and Article 49(1) of the Act on the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, Notification Orders, and Employment Restrictions Orders, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no record of being punished as a crime of sexual assault and thus it is difficult to readily conclude that there is a risk of recidivism against the defendant; probation against the defendant, taking courses for the treatment of sexual assault, and registration of personal information is likely to have an effect to prevent recidivism of the defendant to a certain extent; and other factors such as the benefits expected by the disclosure order, notification order, and employment restriction order, and the effect and side effect of such order; the disadvantage and side effect of the defendant; the age, health, home environment of the defendant; and the motive, means, and result of the crime of this case, where the registration of personal information of the defendant becomes final and conclusive.

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