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(영문) 대구지방법원서부지원 2020.10.15 2020고합84
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 4, 2019, at around 14:10, the Defendant: (a) discovered the victim D (name, leisure, and age 8) who was a congested fluored fluored fluor B, and was able to see that the victim would be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to able

Therefore, the victim spawndd the defendant with play and escaped, but the defendant was spawnd from the victim's back to the two arms to the spawn of the victim's chest and the spawn side, and the defendant was unable to escape.

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

Summary of Evidence

1. Partial statement of the defendant;

1. D’s statement, CCTV images-fashion, which was recorded in a CD-recording;

1. Application of Acts and subordinate statutes of each investigation report (No. 21,28 of the evidence list) on the 112 Reporting Case Handling table;

1. Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 298 of the Criminal Act, and the choice of imprisonment with labor

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 (The following consideration shall be made again for the reason of sentencing);

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The Defendant has no record of committing any sexual crime under the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); and personal information of the Defendant.

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