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(영문) 대구지방법원 서부지원 2018.05.10 2017고합248
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 29, 2017, the Defendant discovered that the victim E (one, nine years of age at that time, and nine years of age) is dried on September 29, 2017 in Daegu-gu C, Seogu, Daegu-gu, and that the phrase was dried on the victim’s back, and that the Defendant shared the victim’s back, with the victim’s back, “hicked.”

Mag-gu has been in place

The victim's right tamp with "", and the victim's right tacks twice the part.

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. Statement made by the police with regard to F;

1. Stenographic records;

1. Application of Acts and subordinate statutes to ct v images and caps;

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

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 59 (1) of the Criminal Act (the punishment to be suspended: Fine of 15,00,000 won, and the following consideration shall be repeated for the reasons for sentencing) of the suspended sentence;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. In full view of the proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of punishment for the same kind of crime; the instant crime appears to have low risk of re-offending without the degree of conduct; and other special circumstances in which the Defendant is unable to impose an order to complete a program on the Defendant, in full view of the purpose and effect of the order to complete a program, etc.

[Determination]

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for the same kind of crime; the crime of this case is not focused on the degree of and force for the prosecution; and there is a risk that the defendant might have sexual assault and recidivism;

It is difficult to conclude, and due to the defendant's age, environment, disclosure order, or notification order.

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