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(영문) 서울서부지방법원 2018.12.06 2018고합212
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 15:00 on April 4, 2018, after completing after-school classes on the alleyway near the “D Park” located in Eunpyeong-gu Seoul Metropolitan Government, and sought to have the victims E (n, 8, household name), F (n, 7, household name) who are operating a private teaching institute at the same time, and to have them kid the victims of the victim E, and want to have them kid off at the same time.

The victims of minor persons under the age of 13 were forced to commit indecent acts in our house.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of each damage made to E or F, each video CD;

1. Application of CCTV video CDs and CD-related Acts and subordinate statutes to crimes;

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 criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment specified for a crime committed against a minor under 13 years of age in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims E with more severe criminal punishment);

1. Selection of imprisonment with prison labor chosen;

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 the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no criminal record identical to that of the defendant; (b) the sentence of imprisonment to the defendant; (c) the registration of personal information; and (c) an order to attend a sexual assault treatment program to prevent recidivism; (d) the risk of recidivism by the defendant; (e) the characteristics of the crime of this case; (e) the characteristics of the crime of this case; (e) the effect of preventing sex crimes that may be achieved by the disclosure order or notification order; and the disadvantage

[Determination]

1. An order to restrict employment;

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