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(영문) 인천지방법원 2014.12.17 2014고합784
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On July 27, 2014, at around 14:00, the Defendant 106-dong 106-dong 1,2-dong, Bupyeong-gu, Incheon Metropolitan City, opened the victim D with his knee, knee, knee, kne, kne, kne, kne, and kne kne of the victim.

Accordingly, the defendant committed an indecent act against a child under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Investigation report (on-site confirmation and attachment of CCTV photographs);

1. Application of Acts and subordinate statutes to written opinions of experts on sexual assault against children with disabilities;

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

1. Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under Article 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Aggravation of the types of recommendations according to the sentencing guidelines (decision of types), group of sex crimes, general standards, sex offenses against those under the age of 13, types of Type 3 (Special Aggravation of Indecent Act by Indecent Act): Crimes in places of special protection (in the inside stairs of multi-family housing), the area of aggravation of the types of recommendations: Six years to nine years.

3. Determination of sentence: Imprisonment with prison labor for the crime of this case for 4 years shall be damaged by seven years of age in which the defendant resides in the apartment while he serves as an apartment security guard.

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