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(영문) 광주지방법원 2018.04.04 2017고합317
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 sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 19, 2016, at night, the Defendant drinked with the foregoing D while drinking alcohol at the house of D, which is located in C, at night on August 19, 2016, from the above D's house located in C, and flown on the side of the victim E (7 years), who is the son of the above D's children, and “the snow is found to have been sacrifed and locked.”

“I do not refuse to do so,” one hand after the victim referred to as “I knife the victim’s hand and knife the victim’s ship and breast with another hand;

Although the Defendant’s grandchildren were removed from the Defendant’s hand, the Defendant forced the victim under 13 years of age by deceiving the victim’s grandchildren at a more than twice in the same manner, and by forcing the victim to sound, the victim’s ship and chest was taken more than twice in the same manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing stenographic records;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. There are special circumstances in which it is impossible to impose an order to attend a course on a defendant when comprehensively considering the fact that the defendant is treating him/her in a closed ward as a military force with alcohol dependence, his/her age, sex, environment, etc., under the proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination]

1. 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 (including the Defendant’s absence of any sexual record, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order and notification order, and the effectiveness and effect of the sexual crime subject to registration that may be achieved due to such order, from the sexual crime subject to registration.

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