logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2013.12.13 2013고합410
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)
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

At around 17:50 on September 1, 2013, the Defendant discovered the victim C (n, 2 years old) playing on the slock frame in the slock park near the Masan-dong, Masan-dong, Masan-dong, and the victim was her knife and her knife with the victim's knife with the victim's knife with the victim's knife.

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 made to D and E;

1. Each investigation report (as regards the form of the victim on September 1, 2013, taking photographs of and attaching to the place of the crime), and the application of legislation for internal investigation reports (as to attachment of a record of recording).

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. 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 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides probation, community service and attend lectures;

1. Article 49 (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 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. The scope of recommendations on the sentencing criteria [decision of types] the general criteria for sex crimes and the absence of indecent act by compulsion (decision of the recommended field] (decision of the recommended field] and the basic area of punishment, four to seven years of imprisonment.

3. Determination of sentence: A person who commits a sex offense against a victim under the age of two years and six months of imprisonment, and three years of suspended sentence, who does not have any awareness, and the victim does not agree with the victim and thus the victim requires the strict punishment is disadvantageous to the defendant;

However, it seems that the defendant has no previous error, and it seems that he knows and reflects his criminal act, and this is a somewhat contingent situation.

arrow