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(영문) 대구지방법원 김천지원 2020.05.12 2020고합19
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 2019, the Defendant came to know of the victim B (the 11 year old, the 11 year old, the 11 year old, the 201 year old) residing in the same apartment. On the pretext of religious diversing activities, the Defendant divided the victim’s distance, such as strong cooling, etc., and performed play, such as hiding, flaf, drinking, etc., in the victim and playter, and made the victim unsatisfy the border of the victim and went back

On November 23, 2019, at around 17:50 on November 23, 2019, the Defendant, in the event of Kimcheon-si D Apartment-dong, write his own hand over with the victim who exchanged his mobile phone numbers with the victim, and her her her her her mare.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Documents from which text messages are sent and received;

1. Application of the Acts and subordinate statutes concerning CCTV image files;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with prison labor;

2. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. The main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. The Defendant, who was exempted from disclosure order and notification order, did not have any record of being punished for a sex offense prior to the instant crime, appears to have been able to reduce the risk of recidivism of the Defendant even with the sentence of the Defendant, probation, registration of personal information, attendance order for treatment of sexual assault, and employment restriction order.

In addition, the age, family environment and social relationship of the defendant, the method and result of the crime, the profits expected by the disclosure notification order, the effect of crime prevention, and the disadvantage and expected disadvantage of the defendant.

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