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(영문) 광주지방법원 장흥지원 2017.07.11 2017고합6
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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 March 4, 2017, the Defendant committed an indecent act against a minor under the age of 13 by inserting the victim D (n, 12 years of age) at the center of the victim D (n, n, n) located in Gangnam-gun, Namjin-gun, Namjin-gun, on the part of the victim who covered the buck and reported the buck back on the buck, inserting his hand over five times the victim's right bucks, inserting his hand over five times, inserting his hand under half the buck, making the victim's panty over five times the victim's panty, putting his hand into the panty, and force the victim's sexual flag by force the minor under the age of 13.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing stenographic records or recording records;

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. Protective observation and community service order under Article 62-2 of the Criminal Act, Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Grounds for sentencing under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Imprisonment with prison labor for not less than two years and not more than six months but not more than 15 years;

2. The basic area (four to seven years) of the sentencing criteria [the scope of recommended punishment] shall be the same as the case of sex offenses against which the age of 13 is under the age of 13.

3. The instant crime of this case, which was sentenced to sentence, is a bad in light of the following: (a) the Defendant committed an indecent act by force by deceiving the sexual organ, etc. of a victim frightened by him/her; and (b) the circumstances leading to the commission of personal trust and attempted to conceal the crime; and (c) the ex post facto circumstances leading to the concealment

In addition, the defendant did not receive a letter from the injured party, and the injured party and his parents want to punish the accused.

However, the fact that the defendant recognizes his mistake and reflects it, and that the defendant has no criminal record of sex offense.

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