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(영문) 대구지방법원 포항지원 2017.10.26 2017고합55
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
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

On May 27, 2017, the Defendant: (a) around 15:55 on May 27, 2017, the victim E (12) playing in the iron bars installed in south-gu C at a port; (b) when the Defendant took the victim E with her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her with her her her her her her her her her her her her her her her her her her her her with her her her her her her her her her her her her her her her her hand

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

Summary of Evidence

1. Statement by the defendant in court;

1. Recording records of the statement, and recording records of the statement;

1. Investigation Report - Application of Acts and subordinate statutes attached to expert opinion on statement analysis for victims;

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which are applicable to the crimes;

1. Aggravation of concurrent crimes by concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravation of concurrent crimes by concurrent crimes prescribed in the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims E with more severe criminal penalty (referring to indecent acts, such as deceptive schemes against minors under the age of 13];

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

1. In full view of all the circumstances, including the Defendant’s age, family environment, social relationship, the degree of risk of re-offending, the profits expected by the instant disclosure disclosure order and the effect of prevention, disadvantage and side effects resulting therefrom, etc., a child exempted from the disclosure order and notification order may have the effect of preventing re-offending by the Defendant even with the registration of personal information and the attendance order, in the instant case.

The defendant's personal information may not be disclosed to the public.

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