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(영문) 대구지방법원 김천지원 2017.12.12 2017고합112
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The punishment of the accused shall be three years of imprisonment.

However, the above sentence shall be executed for a period of five years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On September 7, 2017, the Defendant: (a) around 07:30 on September 7, 2017, to the victim D (V, 12 years of age) who had been located in the Gu, the Defendant would not need money.

The term “the victim’s chest was sent to the victim’s chest on one occasion by his own hand, and the victim’s chest who was frighten and frightened, was turned to the victim’s chest by her hand.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records on D;

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of On-site and CCTV images);

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. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in consideration of the conditions favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for a favorable reason):

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 the Defendant’s age, family environment, social ties, criminal records, the risk of recidivism, and other circumstances, such as the relationship between the Defendant and the victim, as well as the benefits and effects expected by the instant disclosure order or notification order and the disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

It is reasonable to see as follows.

Reasons for sentencing

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

2. The application of the sentencing guidelines [type determination] shall be based on the three types of sex offenses subject to the age of 13 (voluntary indecent act by force) (special sentencing factors), the penalty not to be imposed (special sentencing factors) and the special protection place.

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