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(영문) 대전지방법원 천안지원 2015.11.11 2015고합156
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

The Defendant, while operating the “E” laund for about 20 years in Boan-si D, became aware of the Victim F (F (M, 10 years of age, 10 years of age) who returned home after the lapse of the said laundry every day.

around 18:00 to 19:30 of early March 2015, the Defendant: (a) completed the course of study at a local children’s center to have the victim returned home, and (b) caused the breath to drink in a laundry; (c) 2000 won, the Defendant Daced the victim by putting her hand in the upper part of the victim’s her upper part and her chest, and her panty part by inserting her hand into the panty part.

Accordingly, the defendant committed indecent acts by assault against a person under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of statutes on experts' written opinions on sexual assault cases against children 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 ( considered favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for suspended sentence);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, there are no data to see that there is no risk of sexual assault by the defendant, unlike the fact that there is no other data to see that the defendant's personal information is disclosed or notified to the public in light of the relationship between the defendant and the victim, who is a NA resident at the same time, there is concern that the victim's personal information might be exposed to the victim's personal information, thereby preventing the second from

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