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(영문) 광주지방법원 2018.01.26 2017고합510
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)
Text

A defendant shall be punished by imprisonment for not less than four years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is the father and father of the victim C (V, 4 years of age).

On October 8, 2017, around 18:30 on October 8, 2017, the Defendant told the victim “at” at his own dwelling room located in Gwangju Northern-gu, 201 Dong 107, and let the victim do so, and then put the Defendant’s fingers into the victim’s resistance, after deducting the victim’s fingers from the victim’s fingers.

In spite of the phrase "Iden", the fingers were continuously put into the same port in the same way, but they do not expire.

Accordingly, the Defendant committed similar rape against the victim under 13 years of age by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 7 (5) and (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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

1. A special circumstance in which a defendant may not disclose or notify personal information to the public, if he/she comprehensively takes into account the extent and expected side effects of the defendant's disadvantage due to an order to disclose or notify information, the preventive effect of a sexual crime subject to registration that may be achieved due to such order, the effect of preventing sexual crimes subject to registration, and the effect of protecting the victim from such sexual crime subject to registration, etc., as well as the fact that the defendant has no history of a sexual crime against the defendant;

The reason for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than three years and not less than six months to 15 years;

2. Application of the sentencing criteria [the types of decisions] There is no type 4 (Compulsory Comparison doctrine) (the scope of recommending punishment] (the scope of recommending punishment), basic area of punishment, six years to nine years of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for the crime of this case in April and April, one's own use of force.

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