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(영문) 의정부지방법원 2021.01.15 2020고합64
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

On January 15, 2020, the Defendant committed an indecent act by committing an indecent act by putting a part of the victim D (name, fry, 10 years old) that was accumulated in the herb bank room located in B 3th floor of the 16:15 Gyeonggi-si, Namyang-si, 2020, following the crying room of the oriental medicine bank, and making the victim’s own sexual organ contacted with his own sexual organ, and making the victim’s knife knife knife knife knife knife knife knife knife knife knife kn

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

Summary of Evidence

1. Application of the statutes governing the handling of reported cases, stenographic records, and expert opinion of child sexual assault case by the defendant's partial statement E of witness E in the court;

1. Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the former Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 298 of the Criminal Act, the selection of a sentence for imprisonment, and the selection of a sentence for punishment

1. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act), Article 62(1) of the Act on the Suspension of Execution of the Punishment of Small and Medium Enterprises (see, e.g.,

1. Protection and observation and order to attend lectures under Article 62-2 of the Criminal Act, and the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019) (amended by Act No. 16622, Nov. 26, 2019);

It is difficult to readily conclude, only with the sentence of imprisonment with labor, registration of personal information, and lectures to treat sexual assault, the effect of preventing recidivism can be achieved.

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