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(영문) 부산지방법원 2017.06.28 2017고합217
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

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

Reasons

Punishment of the crime

On April 7, 2017, the Defendant, at around 21:30, committed an indecent act by force on the part of the victim F (the 7 years of age) who sits in the shock of E main points in Busan Young-do C, Young-gu, Busan, and takes alcohol by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the investigation report (Investigation ofCCTVs), ctv Acts and subordinate statutes attached thereto;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a judgment of conviction becomes final and conclusive against a defendant who has registered personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to

In light of the details of a crime subject to disclosure order and exemption from disclosure order and notification order, punishment history, etc., it is determined that the personal information of a defendant constitutes a case where there are special circumstances that may not disclose the personal information of a defendant. Thus, no order to disclose or notify personal information is issued (Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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). Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than two years and six months, but not more than 15 years;

2. The sentencing guidelines set forth in the scope of the recommended punishment [the scope of the recommended punishment] set forth in the sentencing guidelines set forth in the range of the recommended punishment [the scope of the recommended punishment] set forth in the three types of sex offenses subject to the age of less than 13 (in the case of a person subject to special mitigation: 1: 3) [the special mitigation] and the degree of conduct for the prosecution is weak, (1) and 3), and the penalty non-permanent (the scope of the recommended punishment revised according to the statutory applicable sentences] set forth in the sentencing guidelines set forth in the two to five years (the lower limit of the sentencing range set forth in the law set forth in the sentencing guidelines is lower than the statutory applicable sentencing range.

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