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(영문) 의정부지방법원 2018.10.05 2018고합209
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2018, the Defendant discovered victim E (the name of the victim, the 10-year-old) who intends to go on the scam above the scam in the D Park located in Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, and set a shoulder of the victim by getting off the scam above the scam, and then remains until the victim turns back the scam by avoiding the body of the victim and getting back the scam back to the scam. The Defendant tried to get out the scam through 2 to 3 times from the back of the victim, and again tried to go off the scam of the victim who tried to go off the scam by getting off the scam in order to leave the scam.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The statement or stenographic record of a victim recorded in a statement recorded CD;

1. Statement made by the police with respect to F;

1. Application of Acts and subordinate statutes to report internal investigation (the attachment of photographs by cutting off theCCTV on the surface of the earth), and to report internal investigation (the identity of vehicles for use and persons subject to internal investigation);

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 (generally, selection of imprisonment with prison labor);

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse [the background of the instant crime, the Defendant’s age, sex, social ties, social ties, criminal records (no record exists) and recidivism.

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