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(영문) 광주지방법원 순천지원 2013.06.13 2013고합38
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Criminal facts

The defendant is a person who has worked as an employee in D, who is in net City C, the parent of the defendant's parents.

At around 19:45 on February 24, 2013, the Defendant: (a) reported that the victim E (V, 8 years of age) who is a customer, alone, goes to the toilet; (b) placed in the partitions for female use by putting the two shoulders of the victim who emitted from the toilet, and putting in the partitions for female use; (c) opened the door, opened the door, cut off the victim’s chest, cut off the victim’s clothes, and cut off the victim’s load and clothes, and laid down two fingers on the part of the victim’s sound.

Summary of Evidence

Defendant’s legal statement

In a case where a conviction of a sex offense of this case, which is a child or juvenile subject to notification order under Article 38-2(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, is confirmed, in accordance with Article 34 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes under Article 7(2)2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 7(2)2 of the Act on the Punishment, etc. of Sexual Crimes under the Act on the Protection of Children and Juveniles against Sexual Abuse, which a victim wears, is finalized, in a case where the conviction of a conviction of a sex offense of this case, which is a child or juvenile subject to notification order under Article 38(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than three years from six months to fifteen years;

2. Scope of the recommended sentence on the sentencing guidelines: Imprisonment with prison labor for four to seven years (decision of a type), general standards, sex offenses subject to the age of 13, forcedly similar sex offenses (person subject to special mitigation), mental or physical disability (person subject to no responsibility in person), area subject to mitigation [the area of recommendation, scope of the recommended sentence], area subject to mitigation of punishment, four to seven years

3. Determination of sentence: Imprisonment with prison labor for a period of four years, the defendant works for him/her;

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