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(영문) 울산지방법원 2017.12.07 2017고합322
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was the victim D(n, 11 years old) first time.

On July 22, 2017, the Defendant: (a) Donsan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

“The victim shall be asked to see, “I see” and “I see that I am out of the victim’s spanty and panty and that I am hym as I am hymh as I am.

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. Stenographic records of the victim (nine times a year);

1. Investigation report (No. 13 once a year);

1. Application of each photograph (No. 14) statute;

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. 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 full view of all the circumstances such as the Defendant’s age, occupation and criminal record, details of the instant crime, anticipated effect and side effects of the disclosure order, etc., there is a special circumstance that may not disclose the Defendant’s personal information, taking account of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the disclosure order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse (the Defendant’s age

The reason for sentencing

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Type 3 of a sex offense subject to the age of 13 and the general standards therefor;

(b) No punishment for special mitigation is imposed;

(c) the scope of recommendations;

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