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(영문) 수원지방법원 안양지원 2017.01.20 2016고합220
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 is an employee of the “D Mart” in Ansan-gu, and the victim E (the age of eight) is the same as that of the Defendant and the victim.

On November 1, 2016, the Defendant: (a) reported that the victim was a mixed person in order to commit an indecent act against the victim; and (b) told the victim who was in the front of the display stand to force the victim with his own arms; (c) made the victim more strongly with his own arms; and (d) made the victim more than four minutes during the three-minute period, such as the term “this badness, Ausbro,” and repeated the cycle; and (d) prevented the victim from leaving the body of the Defendant from leaving the body of the victim by force; and (d) laid the victim into the body of the Defendant, and laid the victim into the body of the victim.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims;

1. Statement analysis expert opinion on sexual assault cases against children with disabilities;

1. Investigative report (victim’s mother’s statement);

1. Application of the Acts and subordinate statutes concerning the closure of the CCTV at the site;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, concerning the crime;

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 extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for 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 by law: Imprisonment for not less than two years and six months - 15 years;

2. Application of the sentencing guidelines [the types of decisions] sex crimes, general standards, sex offenses subject to the age of 13, Type 3 (Special Indecent Conducts in Need of Sentencing): No increased factors of punishment: [the territory of recommendations and the scope of punishment] reduced factors of punishment: No increased factors of punishment: [the territory of recommendations and the scope of punishment] reduced factors of imprisonment, two years and six months, and five years;

3. Sentence;

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