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(영문) 대구지방법원 2015.01.30 2014고합655
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 June 5, 2014, the Defendant: (a) committed indecent acts by force against a minor under 13 years of age, such as inciting D’s son E (here, 8 years of age) by using the gapss on the rooftop in order to rapidly attract D’s personal life through smartphone hosting; (b) ordering the victim to enjoy her, she off and pande the victim; (c) her sexual organ in the victim’s sexual organ; (d) taking into consideration the victim’s sexual organ into consideration; and (e) bringing the victim’s sexual organ to the Defendant’s sexual organ by taking the victim’s hand; and (e) by compulsioning the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Stenographic records (No. 2 No. 550,00);

1. Application of statutes on experts' written opinions on sexual assault cases against children or persons with disabilities;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and 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. Article 21 (2), (3) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides community service and attend lectures;

1. Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Grounds for sentencing under Article 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. The range of recommendations on the sentencing guidelines [decision of types] - Types 3 (Special Monopoly Indecent Act by Indecent Act by Force) (Special Monopoly Indecent Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act, by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act,

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