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(영문) 대구지방법원 2017.12.15 2017고합408
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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

Defendant

In addition, around 13:00 on July 8, 2017, the person against whom the attachment order was requested (hereinafter “Defendant”) discovered the victim F (F) and G (V) in the front of the Defendant’s person, discovered the victim F (F), and G (V) in the front of the Defendant’s person, and humbling the water, and met the victim F’s ambane with the victim’s own hand, and the victim G’s ambam with another hand.

Accordingly, the defendant forced victims under 13 years of age to commit indecent acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to H;

1. A written statement of G and F;

1. Application of Acts and subordinate statutes attached to family relation certificates to the mother of the victims;

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

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes prescribed in the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims G with heavy criminal standing (the indecent act by a minor under the age of 13)];

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

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

1. In light of the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for any sexual crime, and all of his/her crimes are recognized and reflected, etc., he/she may have the effect of preventing recidivism even by taking lectures on the registration of personal information of the defendant and taking lectures on sexual assault treatment;

In addition, the defendant's age, occupation, sex, family relationship, circumstances and crimes of this case.

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