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(영문) 대구지방법원 의성지원 2018.12.11 2018고합14
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

The defendant is a dong-gu resident, such as the victim C (n, 12 years of age).

On August 2017, the defendant found the victim's residence in Cheongong-gun D in order to drink alcohol with the victim's father on the early 2017.

The defendant, at the same time and around the same day, uses the crepans of the victim's crepans, covering the crepans of the victim's crepans on the side of the other defendant's crepans in order to prepare for the alcohol, as the brus of the victim's crepans on one hand, and continuously uses the brus of the victim's crepans as the brus of the victim's brus.

“The victim’s indecent act was forced by force against the victim under 13 years of age by inserting the victim’s panty with the victim’s panty and attempting to keep the victim’s panty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the statutes governing stenographic records or video recorded CDs;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, concerning the crime;

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the grounds for sentencing”), 53 and 55(1)3 of the Act on Reduction of Small Amount of Punishment (hereinafter “the grounds for sentencing”), which are favorable circumstances

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for sentencing”), whichever is favorable, is considered as follows.

1. Article 21 (4) and 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 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 (in light of the fact that the defendant has no record of criminal punishment for a sexual crime, etc., there is a need to impose a disposition, such as an order to disclose or notify that the defendant has a risk of sexual assault and recidivism, or that it may significantly affect the defendant's return to society, solely on the ground that

In addition, it is difficult to see the defendant's age, occupation and criminal record, and the contents of the crime in this case.

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