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(영문) 인천지방법원 부천지원 2017.12.08 2017고합217
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 3, 2017, the Defendant: (a) was parked in front of the apartment unit D apartment in Bupyeongcheon-si around 19:20 on August 3, 2017; (b) was willing to commit an indecent act by force against the victim F (the age of 12) who used the vehicle frequently; (c) induced the victim to the back of the vehicle; and (d) induced the victim to the back of the vehicle; and (c) “I am her chest in the middle.”

"..." The victim's chest and buckbucks caused by the victim's own hand, and the victim under the age of 13 was forced to commit an indecent act, such as the victim's breast and buckbucks, and the victim's inflow.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of F’s written 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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the accused has not been punished for any crime including any sexual crime up to the present, and that there is no personal information that the court orders, and the effect of preventing the recidivism of the accused to a certain extent by taking lectures in sexual assault treatment;

In full view of the Defendant’s age, family environment, social relation, occupation, course and consequence of the instant crime, the disclosure or notification order of the instant case, etc., the Defendant’s personal information is disclosed to the public or personal information, taking into account the degree and expected side effects of the Defendant’s disadvantage due to the disclosure or notification order, the preventive effects of sexual crimes that may be achieved therefrom, and the effect of protecting the victims from sexual crimes.

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