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(영문) 서울중앙지방법원 2018.12.18 2018고합1032
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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

On March 23, 2018, at around 16:30 on March 23, 2018, the Defendant reported the Victim D (Woo, 11) playing in the Dongjak-gu Seoul Metropolitan City Park and reported the Victim D (Woo) who was able to bring the Victim’s Damage to the Party A, but the Victim “Wook in a store,” but the Victim “Wook,” who was able to do so.

Domma toilet도요 Doz.

“In response,” and not complying with the victim’s hand, as the victim took charge of the victim’s hand, the victim brought about the victim’s own sexual flag.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement prepared by the Defendant (a list of prosecutor evidence (hereinafter referred to as “netly”) 3

1. A statement prepared by D (2) a net statement, a stenographic record made by a victim (5) a net time;

1. Voluntary accompanying report (1) , - Statement and Analysis Opinion (9) ;

1. References to inquiries, such as criminal history, and application of the Acts and subordinate statutes on investigation reports (former record);

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, concerning the crime;

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. In full view of the following circumstances: (a) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children exempted from disclosure order and notification order; (b) the registration of personal information of the Defendant against the Defendant and the order to attend a lecture to treat sexual assault; (c) the risk of recidivism by the Defendant; (d) the characteristics of the instant crime; (e) the effect of preventing sex crimes that may be achieved by the disclosure order or notification order; and (e) the disadvantage and anticipated side effects of the Defendant due to disclosure order or notification order.

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