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(영문) 서울북부지방법원 2017.07.14 2017고합150
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 has a multiple friendly relationship on the way that the victim C(n, 12 years of age) returns from a school. At each time, the victim has a personnel record of the defendant, and the defendant has a relation between the defendant and the victim's knowing that he/she had a personal record of the defendant, and the defendant has a personal record of the victim.

On October 27, 2016, at around 20:30, the Defendant committed an indecent act against the victim under the age of 13 on the part of “E” restaurant located in Gangnam-gu Seoul, Gangnam-gu, Seoul, with the victim’s and the victim’s friendly arrest F, and the victim’s friendly arrest with the victim’s left hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to stenographic records of victims;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection and Observation of Children and the Protection of Juveniles against Sexual Abuse;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal records (no record of any sexual crime) and the risk of repeating a crime, the profit and preventive effect expected from an order to disclose or notify information, and disadvantage and side effects resulting therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Judgment] Grounds for sentencing

1. Imprisonment with prison labor for a period of two years and six months to fifteen years;

2. Two and half years from six months to five years from the scope of punishment recommended (the area to be mitigated, since the degree of execution is weak).

3. The crime of this case committed with the victim who was merely 12 years of age and was committed with the victim who was drinking through the cuckbucks, and thus forced indecent acts.

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