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(영문) 전주지방법원 정읍지원 2017.11.29 2017고합45
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the friendship of the victim C (V, 10 years of age) and D.

On June 18, 2017, the Defendant: (a) around 06:0, the Defendant: (b) around 06:0, up to the Defendant’s place of residence; (c) around 107 Dong 101, the Defendant: (a) was frighted with the Defendant’s his/her his/her his/her wife, and (d) with the Defendant’s wife; (b) was able to commit an indecent act against the victim or the victim; (d) the victim was able to look at the inner part of his/her sleep with his/her finger hand; (b) the victim was frighted with his/her son’s son; and (c) the victim was frighted with his/her son’s son and the left chest, and (d) the victim was frighted with his/her son’s son and the part of the victim’s son with his/her son’s hand.

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. Stenographic records against C (victim);

1. Application of the Acts and subordinate statutes for reporting 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;

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

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. Article 21 (2) and (4) of the Act on the Protection of Sex Offenses of Children and Juveniles obliged to attend a lecture or provide community service order;

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse: The Defendant’s age, family environment, social ties, criminal records, and the risk of recidivism, which are recognized as recorded in the record (no sex crime record) and the order to attend a lecture aimed at improving character and conduct concurrently; the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order of this case; the effect of preventing sexual crimes that may be achieved therefrom; and the effect of protecting the victim from sexual crimes.

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