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(영문) 전주지방법원 정읍지원 2017.03.15 2016고합79
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On November 6, 2016, around 12:05, the Defendant is in the D Indoor Sports Center C located in North Chang-gun, North Chang-gun on November 6, 2016, and one life.

“A victim E (n, 10 years of age) who is going up to the sports organization is found, and the victim seems to have knife the victim’s knife with left hand, and the victim’s knife is not the victim.

In spite of the Defendant's loss, the victim was forced to talk with the left hand of the vehicle, and the victim was under 13 years of age by force.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police with regard to F;

1. Application of stenographic records to E Acts and subordinate statutes;

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 11 and 55 (1) 3 of the Criminal Act to mitigate deaf-mutes;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse: The need to impose an order to attend a course is relatively little because it has no record of sex crime, commits contingent crimes, and reflects mistakes, and it is difficult to achieve the effect of recidivism by taking lectures of sexual assault treatment through difficulty in general communication as a deaf or a child is unable to communicate;

Since it appears that there is a special reason that the defendant is unable to impose an order to attend the course.

Recognized.

1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse: The ages, occupations, criminal records, and the risk of recidivism (no sex crime) of the defendant, the circumstances of the crime, and the circumstances after the crime, the profits and preventive effects expected by the disclosure order or notification order of this case, and any disadvantages and disadvantages incurred therefrom, which are acknowledged as recorded in the record;

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