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(영문) 창원지방법원 통영지원 2017.09.28 2017고합27
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

On October 1, 2016, at around 17:00, the Defendant: (a) reported the victim F (name, south, and age 1) returning to Korea along with his/her her son; (b) had the intent to force the victim to commit an indecent act; (c) had the victim her son; and (d) had the victim her son with his/her son; and (d) had the victim her son with his/her son, and had the victim her son by force.

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. Each legal statement of the witness F, G, H, and I;

1. Statement made by the police to J;

1. Investigation report (Attachment to the table for 112 Report Processing), application of the Acts and subordinate statutes governing the place of consultation;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order or a notification order, 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 following sentencing grounds are highly likely to recommit a sexual crime in light of the circumstances favorable to the sentencing grounds, the circumstances leading up to the instant crime, etc.

In full view of all the circumstances, such as the benefits and prevention effects expected by the disclosure or notification order to the defendant, and the disadvantages and side effects of the defendant's personal information, there are special circumstances that the disclosure or notification of the defendant's personal information should not be made.

The reason for sentencing

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

2. The scope of punishment recommended according to the sentencing guidelines [the types of sex offenses].

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