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(영문) 수원지방법원 평택지원 2014.07.23 2014고합90
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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

On April 18, 2013, around 08:05, at the entrance of the Pyeongtaek-si market, the Defendant: (a) informed of the inside of the inside of the Dong-si market, and (b) obstructed the victim by setting up a stop to visit the victim E (V), and forced the victim to commit an indecent act on the part of the minor under the age of 13.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of stenographic records in the statement of a victim prepared in the F noteer; and

1. Statement of internal investigation (Attachment of a photograph of damage stored in a portable telephone) prepared by the police;

1. Statement analysis of statements of children and persons with disabilities victimized by sexual assault is recorded in the report on investigation of victims or persons with disabilities prepared G;

1. Application of video-related Acts and subordinate statutes of images of damaged photographs (Evidence No. 93, No. 93);

1. Article 7 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); 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 extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (3) and Article 2 (1) 5 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Gu Act on Special Cases concerning Probation Orders or Orders to Attend (wholly amended by Act No. 11556, Dec. 18, 2012); the main sentence of Article 62-2 (2) of the Criminal Act; Article 59 of the Act on Probation, etc.

1. The proviso to Article 37(1) and the proviso to Article 41(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) exempt from disclosure order and notification order of registered information [the Defendant’s age, occupation, family environment, social ties relationship, criminal record and risk of recidivism (no criminal punishment record exists), and in this case personal information registration, probation, and sexual assault.

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