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제주지방법원 2016.09.29 2016고합78
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

On May 28, 2016, the person subject to the attachment order (hereinafter referred to as the "defendant") discovered that the victim E (one and three years of age) was playing in D parks located in Jeju around 17:38 on May 28, 2016, and committed an indecent act by force against the victim under 13 years of age by putting the victim scam behind the event in the park and leaving the victim scam in the park, leaving the victim scam, leaving the victim scambling, leaving the victim in the park, leaving the victim scambling, leaving the victim scambling, leaving the victim scambling, leaving the victim scambling from the defendant's bridge, and making the victim scambling

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. stenographic records of the victim (E) and video recorded CDs;

1. A report on internal investigation (Attachment of black boxes and CCTV images for crime prevention), report on internal investigation (Attachment of expert opinions on the statements of victims), and accompanying materials;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 (1) of the Criminal Act on the observation of protection;

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

1. Where a conviction becomes final and conclusive against the Defendant who has registered his/her personal information under Article 49(1) main sentence and Article 50(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The scope of punishment by law: Imprisonment for not less than two years and six months - 15 years;

2. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing criteria shall be general standards for sex crimes;

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