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(영문) 대전지방법원 논산지원 2016.07.13 2016고합16
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Around March 19, 2016, the Defendant committed an indecent act by going through a computer in the digital data room of C and D3 stories of the victim E (one-year-old, 10 years-old) with the victim, who continued to be computerized in the digital data room of the 16:0 on March 19, 2016, when the Defendant suffered from a pulmonary disorder 1st degree of self-defeasiness and lacks the ability to discern things or make decisions.

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. E’s statement in video recording CDs;

1. Application of Acts and subordinate statutes to a copy of a welfare card and opinions;

1. Article 7 (3) of the Act on the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning the crime;

1. Articles 10 (2) and 10 (1) and 55 (1) 6 of the Criminal Act (person with mental or physical weakness) of the Criminal Act mitigated by law;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Penalty fine of 10,000,000 won to be suspended;

1. Article 70 (1) of the Criminal Act to attract a workhouse (100,000 won per day);

1. Article 59(1) of the Criminal Act of the suspended sentence (The following circumstances considered in favor of the reasons for sentencing):

1. Where the proviso to Article 21 (2) of the Act on the Protection of Juveniles against Sexual Abuse (the details and circumstances of the crime, the character, conduct and level of intellectual property of the defendant, previous offense relation, etc. are considered, there are special circumstances not to impose orders to complete education

I think)

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse [the age, occupation, family environment, social ties, criminal record, and the risk of recidivism of the defendant (the defendant is the first offender), who is exempted from an order of disclosure and notification, is highly likely to repeat a crime;

In full view of various circumstances such as the profit and preventive effect expected by the disclosure order or notification order, and the disadvantages and side effects resulting therefrom, the defendant's person.

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