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(영문) 부산지방법원 2015.10.16 2015고합261
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)
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 January 23, 2015, the Defendant discovered the victim D (10 years of age) who was displayed on the old store in Busan, Jin-gu, Busan, about 21:40 on January 23, 2015, and found the victim D (10 years of age), followed by the victim's her her her her her her her her her her her,

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (a list of evidence Nos. 1, 4, 8);

1. Stenographic records of the police against D;

1. Application of Acts and subordinate statutes on police statement to E;

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 (The following consideration shall be made again for the reason of sentencing);

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

1. The reason for sentencing in full view of all the circumstances, such as the favorable circumstances deemed to be the reason for sentencing, such as the absence of a sex offense record, etc., and the circumstance leading up to the instant crime, etc., where it is difficult to deem that the Defendant is highly likely to recommit a sexual crime in light of the favorable circumstances deemed to be the reason for sentencing under the proviso of Articles 47(1) and 49(1) and the proviso of Article 50(1) of the Act on the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201).

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

2. Scope of recommendation [decision of a type] sexual crimes, general standards, sex offenses subject to the age of 13, Type 3 (Indecent Act by compulsion): Where the degree of indecent conduct is weak (1, type 3): Where the degree of indecent conduct is weak (1, type 3): [general person] - Reduction factors: Serious reflect [Scope of Recommendation] 2 years and 6 months to 5 years (limited to mitigation);

3. Whether to suspend the execution;

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