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(영문) 수원지방법원 안산지원 2017.04.21 2017고합26
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

On September 3, 2016, the Defendant: (a) taken off D’s bus at a bus stop located in Ansan-si at the time of Ansan-si around 15:03 on September 3, 2016; and (b) committed an indecent act against the victim, by inserting the victim’s car in front of the seat seat where the victim E (the age of 11) was seated, leading the victim to the end, standing the victim; and (c) putting the victim’s car at the seat of the bus on the way to get off from the bus, taking the victim’s sexual organ as his hand, and committing an indecent act against the victim

Summary of Evidence

1. Statement by the defendant in court;

1. The statement and stenographic records of a victim recorded in a video recording CD;

1. Application of the Acts and subordinate statutes governing bus CCTV CDs;

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

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (an order to disclose or notify the registered information may have a significant impact on the accused, and thus, it is necessary to pay careful attention to such an order.

In light of the fact that the defendant has no record of punishment for sex crimes, the defendant's age, family environment, social relationship, etc., the registration of personal information of the defendant and lectures to treat sexual assault can have the effect of preventing recidivism of the defendant.

In addition, the personal information of the defendant shall not be disclosed or notified in full view of the details and circumstances of the crime of this case, the expected side effects of the defendant's suffering and expected side effects, and various circumstances revealed in the records, such as the prevention of sexual crimes, which can be achieved by the disclosure notification order.

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