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(영문) 수원지방법원 평택지원 2013.03.27 2013고합4
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 January 14:05, 2013, the Defendant completed school winding classes on the front side of Pyeongtaek-si C, and discovered the victim D (here, 11 years of age) who returns home and returned home, and, depending on the victim, arrived in front of the victim's gate C 401.

The Defendant stated that “Hand-on charging is entering several cities,” and entered the victim’s house together, and corrected the entrance.

Upon entering the victim's house, the Defendant reported the fact that the victim charged the cell phone, sent Kakao Stockholm letters to the victim, made the victim feel hynasium, wraped the victim's humf with a humo, and continued to bring the victim back to both arms.

The defendant was able to prevent the victim from being injured by his hand, and was placed on the floor on the victim's surface because the victim was quih, quih, sound, etc. to the left hand of the defendant's hand, and the victim was forced to do so.

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

Summary of Evidence

1. Defendant's legal statement;

1. A transcript of the complaint;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Grounds for sentencing under Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Scope of the recommended punishment according to the sentencing guidelines (decision of type), group of sex crimes, general standards, and type 2 (specially impactative act by compulsion) from among the sex offenses subject to the age of less than 13: Reduction element of the punishment (general ductive person): Reduction element of the punishment (the scope of recommending punishment) without any record of criminal punishment;

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