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(영문) 의정부지방법원 2015.01.15 2014고합397
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 16:30 on June 1, 2014, the Defendant discovered that the victim D(seven years of age) is playing in both friendships and in the rear sports park of the Yangju-si, Yangju-si, 507, the Defendant met the victim’s sexual flag by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of the police against D;

1. Each statement of D, E, and F;

1. An expert opinion on a child sexual assault case;

1. Application of statutes on site photographs;

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;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Reasons for sentencing of a defendant's personal information is deemed to have been disclosed and notified in full view of various circumstances, such as the fact that the defendant has no record of being punished for a sexual crime, the benefits and preventive effects expected by the disclosure order and the notification order of this case, and any disadvantage and side effect arising therefrom, etc., under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the notification order, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and

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

2. The scope of recommended sentences according to the sentencing guidelines (determination of types), sex crimes, persons under the age of 13, types of three (the scope of recommending fields and recommended types) basic areas, four years to seven years of imprisonment.

3. Determination of sentence: The crime of this case 4 years of suspended sentence for the three-year period of imprisonment is about to look back to children including the victim in sports facilities in the apartment complex where children play.

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