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(영문) 의정부지방법원 2014.10.22 2014고합122
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

At around 10:30 on December 25, 201, the Defendant sent the victim’s mother by telephone to the victim’s mother at the center of the victim D (n, 12 years of age) located in the Gangwon Iron-gun (hereinafter “C”), and took the victim’s horse back to the Fatt in and near the victim’s horse, and forced the victim to commit an indecent act by reporting the victim who was landed from the said vehicle to the Fatt in and near the vehicle, and forced the victim to commit an indecent act. After purchasing the drinking water and the fruit from the said set, the Defendant took the victim’s chest back to the said car by the same method. After entering the victim’s house, the Defendant took the victim’s chest into the ward and took the victim’s chest into force, and took the victim’s chest into the ward and 3 years of age into action. After entering the victim’s house, the Defendant took the victim’s chest into the ward and 3 years of age into the ward.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the statement made to G in preparation of the police police officer;

1. Application of Acts and subordinate statutes to a copy of protocol stenographic records;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the Selection of Imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Article 11572, Article 4 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Articles 38 and 38-2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012)

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years; and

2. The range of recommendations according to the sentencing criteria (decision of type), sex crime group, general standards, and the scope of recommendations.

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