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(영문) 수원지방법원 평택지원 2017.01.23 2016고합132
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
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

The defendant is a couple of the victim C (V, 12 years old)'s outer money and the legal couple.

On September 15, 2016, the Defendant: (a) 23:00, at the victim’s house located in Pyeongtaek-si D’s house, knife the television on the floor with the victim; (b) knife him into the victim’s room; (c) knife him into the victim’s panty line; (d) knife his chest; (e) knife his chest into the victim’s panty line; (e) knife the victim’s knife; (e) knife the victim’s knife into the victim’s body; and (e) knife the victim’s knife into the victim’s panty line; and (e) knife the victim’s knife into the victim’s resistance.

Accordingly, the Defendant committed indecent act against the victim under 13 years of age by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing stenographic records made by victims;

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes (Optional to Imprisonment);

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of the following: (a) 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 (the Defendant has no criminal record of the same sexual crime; (b) the crime of this case is not a sexual crime against many unspecified persons; and (c) the registration of personal information of the Defendant and the order to attend a sexual assault treatment program would have the effect of preventing re-offending; and (d) there is a special

If a conviction is finalized against a defendant who has registered new information, the defendant is a sexual crime.

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