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(영문) 수원지방법원 안산지원 2014.07.18 2014고합162
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant, around 12:40 on May 5, 2014, at the D convenience store located in Ansan-si, a member-gu, Ansan-si, a group of the victim E (the age of 11) who was in front of the calculation team was replaced by the loss, etc.

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

Summary of Evidence

1. Defendant's legal statement;

2. Recording records of the statements of E;

3. A statement of the F;

4. An expert opinion on sexual assault incidents against children with disabilities;

5. Application of each statute of photograph;

1. Relevant 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;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. The main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. The reason for sentencing of the defendant's personal information should not be disclosed 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 and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disabled of Grade II suffering from mental fission; (b) the commission of the crime in this case appears to have been committed dynamicly and mentally; (c) the degree of indecent act is relatively minor; (d) there has yet to be punished for sexual crimes; and (e) the defendant's age, occupation, family relationship; (e) the profits and preventive effects expected by the disclosure or notification order to the defendant; and (e) the disadvantages and side effects of the order).

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: sex crime group - sex crimes subject to the age of 13 years general standards - Type 3;

(b) Special penal persons: Where the degree of indecent conduct is weak;

(c) Scope of recommending punishment: Imprisonment for 2 years and 6 months to 5 years ( mitigated areas); and

3. Determination of sentence:

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