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(영문) 부산지방법원 동부지원 2014.06.20 2014고합80
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)
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 May 18, 2014, around 05:40 on May 18, 2014, the Defendant discovered the Victim F (M, 10 years of age) with the fourth floor of “E” located in Nam-gu Busan Metropolitan City D, and led the Defendant to commit an indecent act against the Victim.

The Defendant got the victim to cover the fluor, caused the victim to be unable to see another person due to the fluoral reason, and the Defendant laid the fluoral hand with the left hand and laid the fluoral part of the victim several times by inserting the fluoral hand into this fluor.

Accordingly, the defendant used the state of difficulty to resist, thereby inducing the victim under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Investigation reports (Evidence Nos. 11 and 12 of the Evidence), investigation reports (video recordings of the victim F 10 years of age), accompanying statements, CDs, field maps, statement recording records, investigation reports (video recording-suspects) and accompanying CDs, investigation reports (as to attachment ofCCTV and field photographs);

1. Application of CCTV-fashion Acts and subordinate statutes to field photographs, CCTV images CDs;

1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Article 299 of the Criminal Act;

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 extenuating circumstances among the reasons for sentencing);

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

1. Reasons for sentencing in light of the following: (a) 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, (b) the age, occupation, family environment, social ties, criminal records, the risk of recidivism, and other benefits and effects expected by the disclosure order or notification order of this case, and the disadvantages and side effects therefrom; and (c) the reason for sentencing: (a) the disclosure or notification of personal information of the defendant

1. Legal provisions;

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