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(영문) 대구지방법원 서부지원 2017.10.19 2017고합154
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 6, 2017, around 16:30, the Defendant: (a) discovered the victim E (at the age of 7) in the front of the D Mart located in Seo-gu, Seo-gu, and induced the victim by using a strong entrance to commit an indecent act; and (b) forced the victim to sit in the floor and forced the victim to sit in the front of the floor; and (c) prevented the victim from getting out of the canter.

Then, the defendant was unable to resist the victim's head by his hand, and the defendant was able to gather the victim's inside the victim's entrance into the victim's entrance, and the victim's kn't with both kn't and kn't with both kn't.

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 internal investigation (a video recording and stenographic record of a victim E);

1. Application of Acts and subordinate statutes to investigation reports (the No. 10 of the evidence list) and recording records (the statement of witness F);

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 (Calculation of the following favorable sentencing grounds):

1. Article 62 (1) of the Criminal Act on the stay of execution (resumed for the following favorable sentencing grounds):

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

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the Defendant’s absence of force on sexual crimes, the degree of disadvantage and anticipated side effects of the Defendant’s injury due to disclosure orders and notification orders, and the effectiveness of preventing sexual crimes subject to registration and protecting the victims from sexual crimes subject to registration.

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