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(영문) 인천지방법원 2018.03.23 2017고합796
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is one of the security guards of Nam-gu Incheon Metropolitan City E apartment units residing in the victim D (n, eight years of age).

On October 24, 2017, at around 18:30 on October 24, 2017, the Defendant: (a) reported the victim who was found to be above the guards room of the above apartment building; (b) was seated between the two legs of the Defendant; and (c) placed the victim's panty losses following the victim's panty; and (d) met the victim's chest with the victim's left hand; and (c) "if so, she will have the chest cut every day."

“.....”

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

Summary of Evidence

1. Statement by the defendant in court;

1. stenographic records of victims;

1. Commencement report of internal investigation:

1. Application of Acts and subordinate statutes to CCTV screen pictures;

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the Defendant’s age, environment, family relations, social ties, previous convictions, and the risk of recidivism (no history of sex offense) of the Act on the Protection of Children and Juveniles against Sexual Abuse exempted from an order to disclose information, there are special circumstances in which the disclosure of Defendant’s personal information may not be disclosed, taking into account the following: (a) the Defendant’s age, environment, family relations, social ties, criminal records, and the profits and the effect expected by an order to disclose information; (b)

[Determination]

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Type 3 (Special Sentencing Persons): The scope of recommended punishment [the scope of recommended punishment] on the sentencing criteria [the general criteria for sex offenses]. The mitigated factors of punishment are three types of sex offenses subject to the age of less than 13.

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