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(영문) 의정부지방법원 고양지원 2015.08.28 2015고합104
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution to C;

1. Article 7 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes (Amended by Act No. 10567, Apr. 7, 201) and Article 298 of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated aggravation of concurrent crimes with punishment specified for a crime under paragraph (3) of the same Article which is the most severe punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of various circumstances, including the following: (a) the proviso to Article 38(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; (b) the Defendant appears to have committed each of the instant offenses; (c) the fact that the Defendant’s personal information registration and participation in sexual assault therapy alone appears to have an effect to prevent recidivism; and (d) the Defendant’s personal information disclosure of the Defendant’s personal information could not be disclosed to the public; and (e) the reason for sentencing is that the Defendant’s disclosure order should not be ordered.

1. The scope of recommended sentences [the determination of types] by the sentencing criteria, and the general standards for sex offenses;

(d) Type 3 (Determination on the recommended field) of the sex offense subject to the age of less than 13 (determination on the recommended field), the basic field [the range of recommendations], 4 years to 7 years.

2. Determination of sentence: The crimes of this case committed for a period of four years under the suspension of the execution of three years are not likely to have been committed by the defendant who had lived in a child nurture facility at the same place by force. However, the defendant is deemed to have led to the confession of all of the crimes of this case and depth of his mistake.

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