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(영문) 수원지방법원 안산지원 2013.07.05 2013고합126
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 26, 2013, at around 20:15, the Defendant laid the boiler at the house of the victim D (Woo, 12 years of age) located in Ansan-si, Ansan-si, and committed an indecent act by force against minors under 13 years of age, by putting the boiler into the house after she saw that he laid the boiler and saw the boiler, and making the victim aware of the victim by hand on the part of the part of the victim’s sound, while she continued to capture the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements of each police station and prosecutor's protocol of examination of the accused;

1. Some of the written statements of the defendant;

1. 12Application of Acts and subordinate statutes to the 112 Reporting Report List, accusation sheet, recording book, investigation report (in relation to attachment of an on-site photograph of the damaged place), investigation report (in relation to suspect statements - office building No. 202), drilling report (in relation to expert evaluation report on victim D);

1. Article 7 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); 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 consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2), Article 21 (4), and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59 of the Act on Probation, etc.; Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012);

1. Article 49 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose;

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 50(1)1 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the argument is that the defendant was aware of the victim and her her m, but his m, her son while her sel.

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