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(영문) 인천지방법원 부천지원 2014.06.13 2014고합77
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 4, 2014, at Kimpo-si around 13:40, the Defendant discovered the East E (Inn, 6 years of age) of the Do that drinked the alcohol in the D restaurant located in Kimpo-si, Kimpo-si, and tried to commit an indecent act against the said victim. The Defendant induced the victim to play in good manner, and moved the victim and his birth back to the F Building at Kimpo-si.

Then, the Defendant forced a person under 13 years of age to commit an indecent act by putting his or her sexual organ out of his or her own sexual organ and showing it to the victim, when he or she gets out of his or her room, and she gets out of his or her room.

Summary of Evidence

1. Defendant's legal statement;

1. Each recording record with respect to E and G (Evidence Nos. 6, 10);

1. Application of Acts and subordinate statutes to expert written opinions (Evidence Nos 24);

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 extenuating circumstances among the reasons for sentencing);

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

1. Reasons for sentencing under Articles 49 (1) 1 and 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are ordered to disclose or notify;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. The basic area of Type III (the recommended area and the scope of recommendations) (the scope of recommendations and recommendations) of sex offenses subject to the age of 13 and the general standards for sex offenses according to the sentencing guidelines: four years to seven years.

3. Determination of sentence: Imprisonment with prison labor for 2 years and 6 months, and suspended execution for 4 years, the crime in this case is an indecent act on a female child of 6 years old who is vulnerable to the crime, and its nature is bad, and has yet to mature mentally and physically;

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