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(영문) 수원지방법원 안산지원 2013.10.11 2013고합223
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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

Around 09:00 on April 21, 2013, the Defendant, at the Defendant’s home located in Singue City, 09:00, she took care of the victim who was living in the ward, and she took care of the victim who was living in the ward, and committed an indecent act by force against the victim under 13 years of age, by inserting his hand into the victim’s panty, her upper and lower part, by inserting his hand into the victim’s panty, and by forcing him to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Recording records;

1. Written statements of D;

1. Application of statutes on the site photographs of the case

1. Article 7 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); 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 consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing guidelines (decision of types), group of sex crimes, general standards, and Type 3 (Specially C (Indecent Act by Compulsion) mitigated elements from among sex offenses subject to the age of less than 13: Imprisonment with prison labor for a reduced area: Two years and six months to five years;

3. The crime of this case by which the sentence of sentence is determined is very serious in light of the fact that the defendant committed the crime of this case by compulsion of her her son's her son's her son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son

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