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(영문) 수원지방법원 평택지원 2014.05.07 2014고합39
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

At around 17:00 on November 10, 2013, the Defendant, while attending an early axis conference at a cafeteria located in Ansan-si, had his parents attend the meeting and drinked the water condition, and she gets off and tightly her husband C (the 6 years of age) who is his/her father, and her son and her son, her son, and her son, her son, and her son, her son, and her son, her son, and her son, her son, who was a minor under the age of 13, was forced to commit an indecent act by force.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of stenographic records in the statement made by the victim in D;

1. Statement of investigation report (with regard to the receipt details and details of damage) by police; and

1. The application of Acts and subordinate statutes to the statement analysis of victims of sexual assault to children and persons with disabilities prepared in E;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2), the main sentence of Article 21 (3), Article 2 subparagraph 2 (b) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59 of the Act on Probation, etc.

1. In full view of all the circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record, and the risk of recidivism, which are acknowledged as recorded, the Defendant’s personal information disclosure order or notification order, and the effectiveness and prevention of the Defendant’s personal information disclosure order or notification order, and the disadvantages and side effects therefrom.

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