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(영문) 수원지방법원 2015.01.08 2014고합611
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:40 on July 6, 2013, the Defendant: (a) kidddd the victim D (at the age of five) who was playing there, and accessed the victim D (at the age of five) at that time; (b) kidd the Defendant’s face; and (c) kid the victim E (the son, the son, the son, the son, the son, and the son, the son, the son, the son of the son, the son, the son of the son, the son, the son of the son, the son

Accordingly, the defendant committed indecent acts by compulsion against the victims under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Each record, each video CD, and experts' opinions on sexual assault cases against children with disabilities;

1. Application of Acts and subordinate statutes to each investigation report (the Nos. 8, 9, 10 of the evidence list);

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment of such crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [the aggravation of concurrent crimes resulting from a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against E with a more severe penalty (a minor under thirteen years of age)];

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. Grounds for sentencing under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of punishment: Imprisonment for a period of two years and six months to twenty-two years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Where the degree of indecent act is weak in the mitigated area (two and a half years to six years) of all types of sexual crimes (special mitigation) subject to the age of 13 in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor's indecent act under the age of 13);

(b) The scope of final sentence due to the aggravation of multiple offenses: Two years and six months from June to seven years; and

3. The crime of this case by which the defendant committed the crime of this case by compulsion of female children under the age of 13, and the nature of the crime is poor, and thereby, is old.

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