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(영문) 창원지방법원 통영지원 2013.08.22 2013고합30
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

Around 15:50 on December 17, 2012, the Defendant discovered the victim F (n, 9 years of age) who sought a dog from E located in E, and found the victim F (n, f, 9 years of age) to be close to the victim. On December 17, 2012, the Defendant met the victim’s her tur, with her hand, four times the victim’s tur, and the chest was only one time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Application of Acts and subordinate statutes on recording records;

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

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 consideration shall be made again for the reason of sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 62-2 (1) of the Criminal Act;

1. Where a conviction of the defendant who has registered personal information of this case under Article 49 (1) 1 and the main sentence of Article 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information of this case under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The scope of punishment by law: Imprisonment for not less than two years and six months - 15 years;

2. The range of recommendations on the sentencing guidelines [the range of recommendations] [the range of punishment], general standards, sex offenses against the age of less than 13, and the range of indecent acts against the age of 3 [the recommended punishment] mitigated area: imprisonment with prison labor for 2 years and 6 months - 5 years [the major pride reasons for suspended execution] where the degree of indecent acts in the indecent act crime is weak [the general pride reasons for suspended execution], serious reflections, and contingent crimes 3.

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