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(영문) 대전지방법원 천안지원 2014.02.19 2014고합9
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On November 2, 2013, at the defendant's house located in Asan-si D apartment 101 Dong 803 on November 22, 2013, the defendant discovered that the defendant's wife E (one, six years of age), who was playing at the above house, was able to enjoy the defendant's wife's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's

Accordingly, the defendant committed an indecent act against a child under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made by the police officer on F;

1. The statements made by the police recorded CDs against the victim;

1. Application of each of the Acts and subordinate statutes described in the investigation report (the relative investigation of the victim) and the written opinion of experts on sexual assault against the child or the disabled;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Article 298 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment on personal information of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to a competent

The issue of whether an order to disclose or disclose personal information constitutes "any special circumstance to prevent disclosure of personal information" as a ground for exception to an order to disclose or notify information, shall be determined by the character of the offender, such as the defendant's age, occupation, risk of recidivism, etc., the type, motive, and motive of the relevant crime

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