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(영문) 대전지방법원 2020.05.28 2019고합395
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person operating the "C Center" in Daejeon Jung-gu, Daejeon, and the victim D (n, nine years of age) is a student attending the above Center.

At around 17:00 on July 6, 2019, the Defendant reported the victims who charge a mobile phone in the vicinity of the above center, and said that “I am I am I am I am.” to the victim.

The defendant was placed on the second floor of the victim's refusal to do so, was placed on the sofash, and was placed on the sofash, and the victim was kisck on one occasion.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written complaint and a written statement of E;

1. stenographic records and tape-recording records of the F Center;

1. Application of statutes on field photographs;

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

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

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, disclosure and notification order of the accused, the degree of disadvantage and anticipated side effects of the accused's injury due to the order, prevention of sex crimes subject to registration that may be achieved due to such order, protection of victims, etc., special circumstances where personal information shall not be disclosed or notified are comprehensively taken into account);

1. Grounds for sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 59-3 (1) of the Act on Welfare of

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. The scope of recommendations according to the sentencing criteria; and

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