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(영문) 창원지방법원 2018.02.08 2017고합197
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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 August 1, 2016, the Defendant: (a) around 19:40 on G 1st, G 1st, G in Kimhae-si F, where the victim H (Veth 5 years of age) was in a store, she was married with a child victim who was installed in the mast start flag; and (b) the victim met the part of the mast in which the victim suffered the victim due to the finger hand of the mast, and the part of the mast in which the victim was suffering.

Accordingly, the defendant forced the victim under 13 years of age to commit an indecent act.

Summary of Evidence

1. Legal statement of a witness I;

1. Stenographic records of H’s statement;

1. Statement made by the police to J;

1. Reporting on investigation (investigation into CCTV analysis taken at the time of committing a crime) and application of the 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following factors, such as favorable circumstances, etc. among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., conditions favorable to the following grounds for sentencing):

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Orders to attend lectures and Orders to provide community service;

1. In full view of the Defendant’s age, environment, criminal records, the risk of recidivism, and other benefits and preventive effects expected by the instant disclosure order or notification order, as well as the disadvantages and side effects therefrom, etc., the Defendant’s personal information disclosure should not be disclosed, pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (hereinafter “Juveniles against Sexual Abuse”).

In the event that a conviction of the instant crime, which is a sex offense subject to the registration of personal information, becomes final and conclusive, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and personal information is personal information in the competent agency pursuant to Article 43 of

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