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(영문) 의정부지방법원 2014.04.03 2013고합565
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 11:00 on September 15, 2013, the Defendant discovered the victim D (e.g., 8 years of age) who was playing together with his her friend with his her friend with his her friend, and discovered the victim’s friend with his friend with his friend with his friend with his friend with his friend with his friend with his friend with his friend with his friend with his friend with his friend with his friend with his friend with his friend with his friend with his friend with his friend with his friend,

Accordingly, the defendant committed indecent acts against women under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of the police against D;

1. Statements recorded CDs with D;

1. An expert opinion on a child sexual assault case;

1. Application of Acts and subordinate statutes to investigation reports (on-siteCCTV verification, telephone survey);

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;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Reasons for sentencing on the punishment of a sexual crime exempted from disclosure order and notification order, comprehensively taking account of various circumstances such as Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age of 79 years), the defendant and the victim living in the same building and are likely to cause secondary damages to the victim due to the disclosure order and notification order, the profits and preventive effects expected by the disclosure order and notification order of this case, and disadvantages and side effects arising therefrom, there are special circumstances where disclosure and notification of the defendant's personal information should

1. The scope of applicable sentences: Imprisonment for not less than two years and six months to 15 years;

2. The scope of recommendations according to the sentencing criteria (a decision on types of punishment);

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