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(영문) 울산지방법원 2018.02.21 2017고합380
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the father and mother of the victim C (V, 12 years old) in the fifth degree.

On July 2017, 22:00, the Defendant: (a) entered a bank where the victim sees TV at the victim’s home; (b) 101-dong 1705, the victim Do Apartment-gu, Ulsan-gu, Ulsan-do, U.S., Seoul-do, 1705, where the victim sees TV at the victim’s home; and (c) went to the part of the victim where the victim sees TV; and (d) went to the back; (c) as the victim was waled to the left arms, the Defendant her own hand carried the victim’s left chest with the victim’s loss.

Accordingly, the defendant forced the victim under 13 years of age to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes governing stenographic records made by victims C;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. In full view of all the circumstances such as the Defendant’s age, occupation and criminal record, details of the instant crime, anticipated effect and side effects of the disclosure order, etc., there is a special circumstance that may not disclose the Defendant’s personal information, taking account of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the disclosure order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse (the Defendant’s age

The reason for sentencing

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) mitigated area (two years and six months to five years of imprisonment) of types of sex offenses subject to the age of 13 and the general standards for sex offenses subject to the age of less than 13;

B. Non-existence of punishment for special sentencing factors

3. Determination of sentence;

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