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(영문) 대구지방법원 2019.05.17 2019고합64
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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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

On September 23, 2018, at around 15:30 on September 23, 2018, the Defendant discovered the victim D (one, six years of age), and the victim's words "Arweeded brued b," and changed to "F convenience store" in the vicinity of the victims.

In addition, the Defendant, as a small park behind the Daegu Northern-gu G building, moved the victim and E in the event at the location of the victim and E, and then used the victim’s bucks and the parts of the bucks that he was seated next to the Defendant as a sudden hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of Acts and subordinate statutes to a report on investigation (including the sequence 9, 12 of evidence list, and accompanying materials);

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

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 consideration shall be made again for the reason of 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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order, notification order, and employment restriction order, 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, and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is difficult to readily conclude that the Defendant has no record of being punished for sexual assault crimes prior to the instant crime, and thus,

Other disclosure order, notification order, and employment restriction order, the disadvantage and anticipated side effects that the defendant will suffer, and the age, occupation, home environment, social relationship, and motive for the crime of this case.

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