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(영문) 대전지방법원 홍성지원 2013.05.30 2013고합16
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 9, 2013, at around 16:00, the Defendant discovered that the victim E (here, 10 years of age) was knee and knee and kneeed a fele while leaving the fele with her sexual organ, and that the victim E (here, 10 years of age) was feld together with her natives, and that the victim she was feld while she was feled with the clothes after returning back to the victim’s day, she was feld, and she was feld, and she was feld to the victim’s her natives and the victim’s her natives, such as her natives, and her feld, she committed indecent act by committing an indecent act by committing the victim’s sexual organ that was hidden after her natives by hand.

Summary of Evidence

1. Defendant's legal statement;

1. The video CD, recording CD, or recording record of the victim E;

1. An expert opinion;

1. Application of Acts and subordinate statutes on resident registration cards;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2 (1) of the Criminal Act on Probation;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Where a conviction on the crime of this case, which is a sex offense against a child or juvenile subject to registration of personal information under Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 33 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and is obligated to submit personal information to the competent agency pursuant to

Reasons for sentencing

1. The scope of punishment by law: Imprisonment for not less than two years and not more than six months but not more than fifteen years;

2. Application of the sentencing criteria (determination of type), sex crimes, general standards, sex offenses against which the person is under 13 years of age, and

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