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(영문) 대구지방법원 서부지원 2015.04.09 2014고합211
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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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 September 25, 2014, at around 14:20 on September 25, 2014, the Defendant discovered the urine from the male toilet of the Daegu apartment management office, and discovered the son D (10 years of age) who is a minor under 13 years of age, and met the victim's sexual donation level of the victim's clothes with the son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son.

Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. A written opinion of the victim in the internal investigation report (the video recording and the picture recording of the victim D, the attachment of a record), the victim's picture, stenographic records, tape recording, recording records, recording records, and experts in sexual assault against children;

1. Application of Acts and subordinate statutes to report internal investigation, CCTV photographs, investigation reports (specific suspects);

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 (hereinafter referred to as “the grounds for discretionary mitigation”);

1. Article 62(1) of the Criminal Act of the Suspension of Execution (hereinafter referred to as “the grounds for the suspension of execution”)

1. The main sentence of Article 21 (2) and the main sentence of Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify personal information; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso and the proviso of Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant’s legal representative does not want the Defendant’s punishment by mutual consent with the legal representative of the victim; the Defendant does not have any previous criminal record; and the registration and registration of personal information in this case.

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