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(영문) 인천지방법원 2016.03.30 2015고합747
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

On August 23, 2015, at around 16:00, the Defendant found the victim D (7 years old) who was waiting for any clerical error by family members in the Nam-gu Incheon Metropolitan City C Manion, and the Defendant got her her k's k's k's k's k's k's k's k's k'.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (or on-site CCTV verification and investigation) and a report on investigation;

1. Application of stenographic records, a statement of processing cases reported 112, field photographs, field maps, and CCTV-related Acts and subordinate statutes;

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

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse [the disclosure and Notification Order of Registered Information may have a significant impact on the defendant, so it is necessary to be careful and careful. The following circumstances are recognized in the record or that there is no record that the defendant has committed the same crime except for a fine of three times, and that there is no record that the defendant has committed the same crime; the personal information registration and attending lectures to treat sexual assault are expected to have an effect on the prevention of recidivism; the defendant's age, occupation, family relationship and social relationship; other benefits and preventive effects expected from the disclosure and Notification Order; and disadvantages and side effects resulting therefrom, etc. shall not be disclosed or notified.

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