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(영문) 제주지방법원 2021.02.04 2012고합294
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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 a daily employee who is introduced to work in C Job Referral (D located at Jeju) operated by the mother of the injured party B (n, 12 years old).

On February 21, 2012, at around 14:20, the Defendant opened a door at the victim’s house located in the above C Job Referral, and received the victim’s mind to forcibly commit an indecent act by reporting the victim’s house and coming from the bee room. The Defendant tried to put the victim into kis by allowing 10,000 won in cash in the front, thereby preventing the victim from resisting the victim, and tried to do so in two arms.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes governing the complaint;

1. Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act regarding criminal facts

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 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); 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. In light of the proviso to Article 1 and Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 10260, Apr. 15, 2010), Articles 1 and 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11047, Sept. 15, 201); the proviso to Article 38 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012), the proviso to Article 38-2 (1) of the former Act (wholly amended by Act No. 11572, Dec. 18, 2012) (the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of crime, disclosure and notification order, comprehensively considering the degree and anticipated side effects of the Defendant’s entry, the subject of registration of sex offense, and the effects of the victim.

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