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(영문) 대구지방법원 2014.01.03 2013고합503
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

Defendant

On or around 17:00 on February 1, 2013, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") accessed the victim C (nivers, 6 years of age) who passed around the place where the trade name in the Sinsan-dong, Daegu North Korea-gu was unknown, and faced the victim C (nivers, 6 years of age) with his/her shoulder, etc., and he/she subsequently moved from the witness to the "request communications" in and near the victim while hearing that he/she should be allowed only from the witness, and then moved to the "request communications" in and near the victim, then he/she gets a part of the victim, such as the victim's entrance, sees, grandchildren, kicks, etc., and commits indecent acts against the victim, who is a child for about one hour at his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Recording records;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 ( considered in favor of the following circumstances):

1. Article 62 (1) of the Criminal Act (Resumed Arm's length in favor of the following)

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 16(2), (3), and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of

However, considering the fact that the defendant has no criminal history of the same kind of crime, it is difficult to readily conclude that the defendant is in danger of repeating a crime. In addition, considering the defendant's age, occupation, background of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's injury, the personal information shall not be disclosed to the defendant.

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