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(영문) 광주지방법원 목포지원 2019.06.20 2019고합48
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 22:00 on March 1, 2019, the Defendant: (a) asked the victim C (one name, female, and age 8) who was playing on the road of the said Schlage to “Is that I will play well fright,” and (b) asked the victim “Is that Is that I would play well fright,” and (c) made the victim’s indecent act in a way that Is the victim am on the right side, she would am the victim with his/her own hand, and she would am the victim with his/her own hand, and she would be able to take two to three times on the right side.

Accordingly, the defendant committed indecent acts by compulsion against minors under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the victim recorded in the victim's video recording CD;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (a certified copy of a victim and family relation certificate);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the relevant criminal facts;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( normal consideration considered favorable to the reasons for sentencing as follows);

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;

1. Where a conviction of a criminal fact indicated in the judgment on the registration of personal information of a child or juvenile subject to employment restriction order is finalized, the defendant is a person subject to registration of personal information pursuant to the main sentence of 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.

The details of the crime of sexual assault in this case, the age, character and conduct, environment, previous conviction (no sex crime record) and the risk of recidivism, and other circumstances, such as the sex crime prevention effect expected by the disclosure and notification order, the disadvantage and anticipated side effects of the defendant, etc.

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