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(영문) 광주지방법원 2014.05.01 2014고합81
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On January 23, 2014, at around 16:15, the Defendant committed an indecent act against the victim by approaching the victim D (Y, 7 years old) who was expected to sleep on the boundary line in front of the first 105-dong C Apartment 1, 105, Gwangju Northern-gu, by approaching the victim D (Y, 7 years old) who was expected to sleep on the boundary line.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes governing stenographic records;

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. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act that statutory mitigation is granted (a mental or physical disability caused by a disorder from editing disorder);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

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

1. The main sentence of Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction is finalized against a defendant who has registered personal information of this case under the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency pursuant to

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for one year and three months to seven years;

2. Application of the sentencing guidelines (determination of a type), sex crimes, general standards, sex offenses subject to the age of 13, Type 3 (Indecent Act by Compulsion): Where the degree of indecent conduct is weak, mental or physical disability (no person in question is responsible for him/her), and imprisonment with prison labor for 1 year and 3 months to 5 years (special mitigation area);

3. The crime of this case by which the defendant committed the crime of this case is not suitable for the nature of the crime because the defendant committed the act of indecent act by force on the seven-year old children living in the apartment like himself.

In addition, the defendant.

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