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(영문) 인천지방법원 부천지원 2017.07.21 2017고합105
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 punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 2016, the Defendant had been friendly in D Park E-parks located in Bupyeong-si, Bucheon-si from November 2016, to the victim E (the 11-year old age group).

On November 21, 2016, at the above D Park Ba, the Defendant saw the victim who was playing in the above D Park Ba, and kisscing the victim with his mind to commit an indecent act, and kiscing the victim on his kisc.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims;

1. Application of investigation reports (report on the attachment of CDs at the scene of police drillings) and investigation reports (report on the confirmation of CCTV images recorded by a suspect in force);

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and 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 ( Taking into account the following favorable reasons among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 62-2 (1) of the Criminal Act;

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

1. In full view of the following, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s criminal act was committed to attract the victim or to kis from the victim’s view, and the method of compelling the Defendant to commit an indecent act is relatively heavy; the Defendant appears to have led to his/her confession and reflect against all of the instant criminal acts; the Defendant is currently suffering from Teinson’s disease whose current loss is very poor; the Defendant is a disabled person of class 3 of intellectual disability; the Defendant was not punished for sexual crimes; and the social relationship is relatively clear, the Defendant’s personal information should not be disclosed or notified.

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