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(영문) 대전지방법원 홍성지원 2017.09.07 2016고합117
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2016, the Defendant 12:40 around 12:5, 2016, at the entrance of Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant used the victim’s arms to the victim E (10 tax , 10 , 10 , f) who passed the location, and used them for arms, and used them in front of the H in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun.

“In doing so, the victim forced the victim who was a minor under the age of 13 on twice the victim’s chest part by hand.”

Summary of Evidence

1. Each legal statement of I and J;

1. Stenographic records of E;

1. A report on investigation (specific circumstances of the place of crime - Attachment of site photographs);

1. Expert opinion, and photograph;

1. Application of video recording CD-related Acts and subordinate statutes;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no criminal record of the same kind, and the defendant has the effect to prevent recidivism of the defendant to a certain extent even through registration of personal information and completion of various orders to attend education;

In consideration of other various circumstances, there are special circumstances in which the disclosure or notification of personal information of the accused is prohibited.

I think)

Defendant

The defendant did not take charge of the victim's chest, nor did he had any intention to commit a criminal act.

The criminal act is denied while being committed.

However, the evidence duly adopted and examined by this court.

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