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(영문) 수원지방법원 성남지원 2015.05.21 2014고합343
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 June 12, 2014, at around 16:20, the Defendant: (a) reported the type of the Victim E (11) who sited in the Dridge in Gwangju City, and forced the victim to commit an indecent act by force, and (b) attempted the victim to have knickbbbs in the victim’s bucks; (c) tried to have the victim knickly knickly knickly knickly knickly knickly knickly knickly knickly knickly knickly knickly.

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

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Stenographic records (E);

1. An expert opinion on sexual assault incidents against children with disabilities;

1. Application of Acts and subordinate statutes to each statement;

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

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 (The following consideration shall be made again for the reason of sentencing);

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

1. The grounds for sentencing of a criminal defendant shall not be disclosed or notified in full view of all the circumstances, including the criminal records, the background and attitudes of the criminal act, the circumstances after the criminal act, the family environment and social relationship of the criminal defendant, the registration of personal information, the profits and preventive effects expected by the criminal defendant's age, occupation, disclosure or notification order, the disadvantages and side effects of the criminal defendant's occurrence, etc.

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

2. Determination of types of application of the sentencing criteria;

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