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(영문) 청주지방법원 충주지원 2015.09.10 2015고합22
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 11:30 on May 17, 2015, the Defendant: (a) provided money to drink the victim E (the age nine) in front of the “Diplomatic Conference” located in the voice group C; (b) led the victim to forced the victim to return his/her oil; (c) forced the victim to return his/her oil; and (d) forced the victim to take the victim’s chest in his/her hand; and (e) forced the victim to take the victim’s chest into his/her chest into the part on his/her part; and (e) forced the victim to spread his/her chest into the part on the part of the victim; and (e) committed an indecent act by force against those under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Application of video-related Acts and subordinate statutes recorded in police statements, video CDs to 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. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly taken into consideration)

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

1. Reasons for sentencing [In full view of the Defendant’s age, occupation, environment, social ties, previous convictions, the circumstances after the crime of this case, the effectiveness of sexual assault crime prevention expected to be disclosed and notified of the Defendant’s personal information, the disadvantages of the Defendant and anticipated side effects, etc., which are recognized as recorded] under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [where special circumstances exist that may not disclose and notify the Defendant’s personal information]

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

2. The range of recommended sentences according to the sentencing guidelines (the determination of types of sex crimes) shall be limited to the range of recommended sentences [the general standards for sex crimes subject to the age of 13] and the recommended categories 3 (specially impactative persons): In a case where the degree of indecent acts is weak (the first and third types).

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