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(영문) 인천지방법원 부천지원 2019.09.27 2019고합164
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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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

On May 26, 2019, the Defendant: (a) around 15:55, and around 15:55, the Defendant Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da, “ Do Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y

Accordingly, the defendant committed indecent acts by force against the victim under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to investigation reports (on-site rents and CCTV verification) and accompanying documents;

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 (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. 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 who were exempted from disclosure and notification order (in full view of the Defendant’s age, environment, previous conviction, risk of re-offending, other benefits and effects expected by the disclosure or notification order of this case, and other various circumstances, such as disadvantage and side effects, it is deemed that the Defendant’s personal information should not be disclosed or notified, if there are special circumstances that may not be disclosed or notified);

1. The main sentence of Article 56 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act ( December 11, 2018), the main sentence of Article 59-3 (1) and (2) of the Act on Welfare of Disabled Persons;

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

2. The scope of recommended sentences [the determination of types] according to the sentencing criteria shall be referred to in general standards.

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