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(영문) 창원지방법원 마산지원 2015.02.04 2014고합111
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, around the year 2012, she was able to play in the house of the friendship-gu D (ma, 32 years of age) located in Syang-si C, divided into D and Ma, and Mad and Mad and Mad, she was able to sleep with D and girl’s wife E (ma, 11 years of age) in a big room.

At around 03:40 on the same day, the Defendant reported the victims who are enjoying in D next to D, and was spanty spanely spanely spaneed by the victim, and spanty spane spane spane spane spane spane.

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

Summary of Evidence

1. Partial statement of witness D;

1. Prosecutions and police interrogation protocol of the accused;

1. Each police statement made to F and D;

1. Stenographic records or video CDs;

1. Application of Acts and subordinate statutes to report internal investigation (referring to attachment of counseling log for victims to counseling log);

1. Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;

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

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

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 11572, Dec. 18, 2012); Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of the following: (a) the proviso to Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); (b) the relationship between the Defendant and the victim; (c) the background of the crime; and (d) the Defendant has no record of any other sex offense, etc., it is difficult to readily conclude that the Defendant, solely based on the circumstances indicated in the record, has a risk of repeating a sex crime against an unspecified person; and (c) the Defendant suffers from such risk rather than the benefits and preventive effects expected by the disclosure or notification order in light of the Defendant’s age, motive for

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