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(영문) 광주지방법원 목포지원 2013.12.26 2013고합102
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)
Text

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

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

Reasons

Punishment of the crime

The defendant was a person who served as security guard of the D apartment in Fagpo City C.

On September 26, 2013, the Defendant: (a) around 15:00, at the first place of guard for the above apartment, the victim E (V) residing in the above apartment at the first place of guard for the above apartment, waiting for the vehicle to go to the Taekwondo Institute; (b) opened into the above guard room, and (c) opened into the guard room.

The Defendant saw the victim from behind, etc., and boomed the victim's fingers by inserting his fingers with the victim's vagabonds, and boomed the victim's sound, and the victim called "I am hicked the victim's words and dwarf.", the victim left the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the police recording record for E;

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. The main sentence of Article 49 (1) 1 and Article 49 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting a crime against a defendant who has registered personal information of Article 50(1)1 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent authority pursuant to Article 43

Reasons for sentencing

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

2. The scope of recommendations based on the sentencing guidelines [the range of recommendations]: sex crimes, general standards, sex offenses against the age of 13, third types of indecent acts (specially sponsers), and no person shall be punished [the scope of recommendations].

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