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(영문) 수원지방법원 안양지원 2017.08.16 2017고합90
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has symptoms of early illness.

On April 19, 2017, the Defendant committed an indecent act by force against a minor under the age of 13 on the part of the victim E (11) who was a minor under the age of 13, by reporting the victim E (11) who was under his/her influence at the center of "D elementary school" and at the center of "D elementary school".

Summary of Evidence

1. In light of the 112 Declarations to the effect that each statement written by E, F, and G (i.e., “any abnormal who takes and takes her gender”) and the circumstances in which the victim, F, and G prepared a written statement at an investigative agency immediately after the crime, each of the above statements has credibility.

Considering that there is no motive for the above children to make a false statement in order to gather the defendant, the fact that the defendant committed an indecent act by force against the victim is recognized as stated in its reasoning).

1. Entry in the investigation report (the list No. 1 of evidence);

1. Application of the Acts and subordinate statutes stated in a medical certificate (38 pages of the investigation records) to the accused among the investigation reports (the video recording and the suspension report of suspect images);

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 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. There are special circumstances in which it is impossible to impose an order to attend a course on the accused under the proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (or an order to attend a course on the accused due to an increase in the number

[Determination]

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is the primary offender, and he/she is the early offender);

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