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(영문) 수원지방법원 안산지원 2016.08.19 2016고합181
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 26, 2015, the Defendant discovered that the Defendant’s her husband’s sond and her son’s son’s son’s E (here, 11 years old) are living together at the small room of the Defendant’s residence located in Ansan-si, Ansan-si, Seoul-si, the Defendant left her panty in order to commit an indecent act, including the Defendant’s panty, into the victim’s panty, and met the sound of the victim.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made for damage;

1. Application of Acts and subordinate statutes to photograph the place of occurrence

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 reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The risk of recidivism of a sexual crime by a criminal defendant, in consideration of the facts that the criminal defendant led to his/her confession of his/her criminal act, and the fact that he/she has no record of punishment for a sexual crime, is exempted from an order to disclose or notify registered information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse;

In addition to the fact that an order to improve character and behavior is imposed concurrently, there is a special reason that the personal information of the defendant shall not be disclosed or notified.

Since it is determined, it is not subject to an order to disclose and notify registered information.

Reasons for sentencing

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

2. Type 3 (Special Sentencing Persons): The scope of the recommended punishment [the scope of the recommended punishment and the scope of the recommended punishment] according to the sentencing guidelines; the scope of the recommended punishment [the general criteria for sex crimes]; and

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