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(영문) 의정부지방법원 고양지원 2014.04.04 2013고합235
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

At around 20:20 on September 7, 2013, the Defendant discovered the victim E (the 7 years old) playing in the said park, kidddds the body of the victim with kids, and kids the body of the victim as kids on the left side of the victim, and kids the minor victim under the age of 13 by force, on the left side of the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A statement summary or statement stenographic record of the victim;

1. Application of Acts and subordinate statutes to written E;

1. Relevant Article on the facts constituting an offense, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc., and Article 298 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the sentencing):

1. Article 62 (1) of the Act on Suspension of Execution (The following factors shall be repeatedly considered for the defendant in favor of the defendant);

1. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides community service and attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant appears to have committed the instant crime in a somewhat contingent and dynamic manner while drinking the alcohol at the time of the instant crime; the Defendant continued to be hospitalized in the Gmedical Foundation H hospital located in Gyeyang-gu, Yangyang-gu, Gmedical Foundation after the instant crime; the Defendant has no record of sexual crime until the instant crime was committed; and the Defendant has relatively minor degree of indecent conduct; and there is a habitle to sexual assault against the Defendant.

The fact that it is difficult to see that there is a risk of recidivism in the future, the defendant is clearly in a social relationship, such as being married in a normal marital life, and others.

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