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(영문) 서울남부지방법원 2016.04.15 2016고합69
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 15:00 on September 30, 2015, the Defendant found the Victim E (A, 10 years old) who is under 13 years of age, sitting together with a benching dog and playing in the event in Guro-gu Seoul Metropolitan Government “D Park” located in Guro-gu, Seoul, and the Defendant “Is the pet dog” is bad for the victim.

"At the time of approaching the victim, the victim was able to put the defendant's hand into the victim's upper part and the victim's chests were stored."

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

Summary of Evidence

1. Statement by the defendant in court;

1. One stenographic record or video recorded CD;

1. A statement and analysis opinion on sexual assault against children and persons with disabilities;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. In full view of the above circumstances, such as Article 47(1) and Article 49(1) proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and Article 50(1) proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a disclosure or notification order of registered information may have a significant impact on the Defendant, and thus, it is necessary to pay careful attention to the following circumstances acknowledged in the record: (i) the Defendant is the primary offender; (ii) the Defendant is unable to move without the aid of the electric wheelchairs, (iii) the Defendant is unable to undergo a diagnosis of cerebrovascular disorder; and (iv) the Defendant is anticipated to be able to prevent recidivism only with the registration of personal information of the Defendant’s personal information; and (iii) sexual assault treatment programs.

(C) Determination on the application for attachment order

1. The person against whom a request to attach an attachment order was made (hereinafter referred to as the “defendant”) is indicated.

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