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(영문) 대구지방법원 경주지원 2012.08.10 2012고합44
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On April 16, 2012, at around 13:55, the Defendant observed that the victim D (the 6-year old age) was going to go to the apartment non-emergency stairs together with the friendly E before the first floor of the first floor, 103, 2, 103, 103, 2.

On the 8th floor of the above apartment building, the defendant got out of the victim, and kneekne knee knee knee knee knee knee knee knee knee knee knee kne, and

As such, the Defendant forced the victim under the age of 13 to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of the F, G, and D;

1. Investigation report (related to securing CCTV images at the site of the incident) and investigation report (related to the video recording at the site of the case);

1. Application of the Acts and subordinate statutes to submission of explanatory notes (or expert opinion on child sexual assault incidents);

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

1. Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose;

1. Where a conviction is finalized on the crime of this case involving the registration of personal information in Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information under Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the Defendant is obligated to submit personal information to a competent authority pursuant to Article 34 of

2. Dual Lives

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. There is no range of recommended sentencing guidelines according to the sentencing guidelines (applicable to sex crimes that took effect on March 16, 2012) (decision of type), sex offenses, general standards, sex offenses against a person under the age of 13, type 3 (indecent act by compulsion).

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