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(영문) 수원지방법원 2020.11.12 2020고합575
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 July 25, 2020, the Defendant: (a) around 17:46 on July 25, 2020, 17:46, 17:46, the Defendant used the Victim D (Woo-gu, Woo-gu, Woo-gu, Woo-gu, Woo-gu, Woo-gu, Woo-gu, Woo-gu, Woo-gu, Woo-gu, Woo-gu, Woo-gu, Woo-gu, Woo-gu, Woo-gu, Wood the Victim’s hand on his hand, and hood the Victim’s long

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

Summary of Evidence

1. Each internal investigation report in a written statement E of the victim’s stenographic records containing the defendant’s partial statement and the application of statutes governing the criminal branch;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. 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 [it appears that the registration of personal information of the defendant against the defendant in light of the defendant's age, occupation, family environment, social relationship, etc., the registration of sexual assault treatment lecture and employment restriction order alone can be effective in preventing recidivism; the profits and preventive effects expected from the disclosure notification order, the degree of disadvantage and anticipated side effects of the defendant's entry, etc., should be considered as special circumstances where the disclosure of personal information should not be notified to the defendant.]

1. Where a conviction is finalized on the facts constituting an offense on which personal information is registered under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Welfare of Disabled Persons Act;

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