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(영문) 인천지방법원 부천지원 2018.12.21 2018고합235
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the father of the victim C (V, 12 years old) who is the father of D.

On July 8, 2018, the Defendant returned home under the influence of alcohol at around 02:15, Kimpo-si, Kimpo-si, 107-dong 701, and discovered the victim who was divingd with his/her his/her his/her his/her his/her his/her his/her father at his/her home, and used that the victim was able to resist because he/she was out of his/her mother, and was exposed to his/her mother, and her mother was frightened by her mother, and her mother was frightened by her mother while she was exposed to her mother.

Accordingly, the defendant committed an indecent act against a minor under the age of 13 by using the victim's resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Video recording stenographic records against C;

1. Written opinions of experts in sexual assault against a baby and a statement of genetic appraisal;

1. 112 A list of reported cases;

1. Application of statutes on site photographs;

1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act concerning criminal facts;

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. Article 21 (2) and (4) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles obliged to provide community service and attend lectures;

1. In light of the Defendant’s age, environment, social ties, criminal records and the risk of recidivism (no such criminal records as the Defendant’s age, background and content of the instant crime, profits and preventive effects expected by an order of disclosure notification, disadvantage and side effects, etc., there are special circumstances under which disclosure of the Defendant’s personal information may not be notified.

[Judgment]

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), Article 5 of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 1500, Mar. 13, 2018)

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