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(영문) 울산지방법원 2015.10.30 2013고합214
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)
Text

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. The Defendant committed the crime of June 27, 2012, on June 27, 2012, committed an indecent act by force against the minor victim under 13 years of age in accordance with the alcohol of the victim, who was aware of the victim’s her arms, by extracting the toy together with the victim E (the victim, 10 years of age) on the street in front of the Seodaemun-gu Diala located in Ulsan-gu Seoul, Ulsan-gu, Seoul, and on June 27, 2012.

2. The Defendant committed the crime of June 28, 2012, at around 14:00 on June 28, 2012, committed an indecent act by force against a minor victim under the age of 13, in line with the alcohol of the victim who was aware of the victim as both arms, in the same manner as that of paragraph (1) at the same place as that of paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Records of statements made to E;

1. Application of Acts and subordinate statutes to investigation reports (including attachment of expert written opinions related to statement E, failure to reach an agreement, and reporting on the current state of the person under investigation);

1. Article 7(3) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act, and the choice of punishment by imprisonment, respectively, concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. 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(2) and (3) of the Act on the Protection of Juveniles against Sexual Abuse, where a conviction becomes final and conclusive on each crime committed against the Defendant who has registered personal information, the Defendant constitutes a person subject to registration of personal information under Article 32(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556), and Article 5(1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156).

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