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(영문) 대구지방법원 2015.07.24 2015고합170
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:50 on February 13, 2015, the Defendant: (a) discovered that the son E (n, female, and 7 years old) walked from the gate on the road, and asked the victim “Isn, Isn, Isn, Isn, Isn, Isns, Isns, Isns, Isns, Isns, Isns, Isns, Isns, Is, Isns, Is, Isns, Is, Isns, Is, Isns, Is, Isns, Is, Isns, Is, Isns, Is, I

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

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol stenographic records (E);

1. Investigation report (Attachment of photographs of the scene of crime);

1. The application of Acts and subordinate statutes to each internal investigation report (the result of the analysis of CCTV images for the prevention of crimes in front of the North Youngcheon Station, the result of the analysis of CCTV images of the Western Winter Games, the result of the verification of CCTV images of the D convenience points, and a map showing the movement routes of the suspect);

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 ( repeatedly considering the favorable circumstances);

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. In light of the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the fact that there is no criminal record, the circumstances after committing the instant crime, the criminal record (the degree of risk assessment of sex offenders, the application of the degree of risk assessment of sex offenders, and the evaluation of the selection of a mentally ill person, which led to low risk of recidivism of sex crimes, it is difficult to conclude that the Defendant has the recidivism or risk of recidivism of sexual crimes, and the degree of exercise of the instant tangible force, the age of the Defendant.

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