logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2017.01.19 2016고합259
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

However, the above sentence shall be executed for three years from the date of the final judgment.

Reasons

Punishment of the crime

On April 9, 2016, around 01:10, the Defendant committed an indecent act by force against a person under 13 years of age, on the victim’s left hand, on the part of the victim’s Republic of Korea, when the victim F (the victim’s name, name, 8 years of age) was put in barbs.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims;

1. Investigation report (receiving details of use of credit cards on the day of the case by the person under investigation);

1. Application of a witness statement and the Acts and subordinate statutes governing the scene where the victim greens;

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. There are special circumstances in which the disclosure or notification of personal information of a defendant may not be made, in full view of the defendant's age, occupation, risk of recidivism, type of and motive for the crime of this case, process of the crime, seriousness of the result and crime, the degree and anticipated side effects of the defendant's disadvantage due to the disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victim, etc.

The reason for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. The application of the sentencing guidelines [type determination] and the general criteria for sex crimes subject to the age of less than 13] Class 3 (Special Indecent Conduct in Force): the mitigated elements of punishment; the degree of punishment is weak; [the scope of recommended punishment] 2 years and 6 months to 5 years (the area of special mitigation and the scope of sentence according to the sentencing guidelines).

arrow