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(영문) 수원지방법원 성남지원 2012.08.23 2012고합159
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 29, 2012, the Defendant: (a) around 13:30 on April 29, 2012, the Defendant: (b) around 13:30, within Sungnam-si, and (c) around 13:0, while the victim D (five years of age, five years of age) who is a minor under 13 years of age, is married with his parent, and (d) was married with his knee; (b) the Defendant knee, knee, knee, and kn

As above, the Defendant committed an indecent act against a minor victim under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement D recorded in police video recordings;

1. A protocol of examination of part of the defendant by prosecution;

1. The police statement concerning F;

1. Investigation report (on-site appointment, etc.);

1. On-site photographs;

1. Application of Acts and subordinate statutes to written opinions of experts on sexual assault against children and disabled persons;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Grounds for sentencing under Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Two years and six months to fifteen years from the scope of the applicable sentence;

2. Application of the sentencing guidelines (determination of type) sex offenses. General standards. A sex offense subject to the age of 13 [decision of the recommended field] basic area, four to seven years (pre-Adjustment according to the applicable sentences under the law), - Reduction elements: No record of criminal punishment exists;

3. The crime of this case by which the sentence of sentence is to be pronounced is highly likely to be criticized, because the defendant committed the crime of this case by force.

However, the defendant's act was committed once within the short time, there is no criminal records against the defendant, the health condition of the defendant is very good, and other circumstances leading to the defendant's age, character and conduct, environment, and each of the crimes in this case.

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