logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.07.09 2014고합479
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. Around May 6, 2011, the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) committed an indecent act by forcing the victim under 13 years of age by putting the victim into the victim’s kiscing room at the real estate office located in Yangju-si C, and kiscing at the real estate office located in Yangju-si.

2. On June 8, 2011, the Defendant committed an indecent act against the victim under 13 years of age by inserting a kisck in the victim’s entrance, kisk, kisk, kisk, kisk in the second floor of the E community hall in Yangju-si, and putting the kisk in the kis, cutting the kis, cutting the kisk into the kis, cutting the kis, and cutting the kisk

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Two video CDs in relation to D;

1. Stenographic records on D;

1. Application of the Acts and subordinate statutes to receive counseling reports;

1. Relevant legal provisions concerning facts constituting an offense and Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) and Article 298 of the Criminal Act (the occupation of a minor under the age of 13 and a choice of imprisonment with labor)

1. Of concurrent crimes, an aggravated punishment as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (aggravated Punishment of Concurrent Crimes as provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) around June 8, 201 with heavy penalty);

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 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. It appears that the Defendant has no record of punishment for sexual assault crimes under the proviso to Article 38(1) and the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); and that the Defendant’s order to complete sexual assault treatment programs would have considerable effect on preventing recidivism.

arrow