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(영문) 인천지방법원 2017.09.22 2017고합292
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On February 25, 2017, at around 15:15, the Defendant discovered the victim D (V) from the playground located in the Namdong-gu Incheon Metropolitan City apartment complex C apartment, laid down a fluor, showing the sexual organ to the victim in the flusium, showing the sexual organ to the victim in the flusium, and flusium the victim in the flusium. On February 25, 2017, the Defendant got away from the corridor of the 1210 Dong-dong apartment, and brought the victim in the direction behind the victim, and flusium of the victim.

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;

1. Application of Acts and subordinate statutes on site photographs and CCTV images;

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 grounds 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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 62-2 of the Criminal Act;

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant's age, environment, social ties, criminal records, and the risk of recidivism (the defendant has a record of criminal punishment as a crime of obscenity, although he/she has a record of criminal punishment as a crime of obscenity)] of the Act on the Protection of Children and Juveniles against Sexual Abuse, since the defendant led to the confession and reflect of the crime of this case, and endeavor to prevent recidivism by receiving mental treatment

In full view of the profits expected by the disclosure notification order and the preventive effects, disadvantages and side effects therefrom, there are special circumstances that the disclosure of the personal information of the defendant should not be disclosed.

[Determination]

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. The age of 13 shall be the general criteria for the application of the sentencing criteria (the determination of types).

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