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(영문) 전주지방법원 2021.01.28 2020고합222
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 sentence shall be suspended for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 11, 2020, the Defendant discovered the victim D (one year old, 11 year old) who walked at the place, and found the victim D(one year old, 11 year old, 15 year old, 200) and followed, followed by the victim's damage.

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

Summary of Evidence

1. Application of Acts and subordinate statutes of the defendant's legal stenographic records, photographs of the suspect, CCTV images, picture image, and 112 reported case processing table of Chapter 112, and application of the investigation report (Evidence List 5);

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, 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. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age of 86 years and the defendant suffers from class 4 and class 4 of the hearing impairment, so it is difficult to expect the effectiveness of re-offending through an order to attend a lecture, and there are special circumstances in which an order to attend a lecture cannot be imposed;

[Determination]

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Orders, Notification Orders, and Employment Restriction Orders; Article 49(1) proviso and Article 50(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 202); Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59-3(1) proviso of the Welfare of the Disabled Persons Act [the defendant has no record of criminal punishment prior to the instant case; the defendant has no record of criminal punishment prior to the request for an attachment order; the method of assessing the risk of sexual crimes committed against the defendant at a point nine points in total as a result of the evaluation (KORAS); Article 49(1) proviso of the former Act on the Protection of Juveniles against Sexual Abuse;

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