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(영문) 대전지방법원 홍성지원 2020.04.23 2019고합78
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

On August 25, 2019, around 11:11:11, the Defendant asked the victim D (name, 8, 10 years of age) who was gathered there, and the Defendant asked the victim D (name, 10 years of age) and her day to her day to her day, and asked the victim “the victim’s face to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her day to her body to her end to her end to her end to her end, while

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

Summary of Evidence

1. In the first protocol of the trial, the defendant's partial statement to the effect that " there is a fact that he has transmitted children to C Burial on the day of the case for telephone";

1. Application of the Acts and subordinate statutes governing the statements made by witnesses D, E, and F in the second trial records;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. There is no previous criminal record against the Defendant under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50

It seems that only the registration of personal information against the defendant, the order to attend the lecture for treatment of sexual assault, and the employment restriction order can prevent the defendant from repeating the crime.

In addition, the defendant is subject to the defendant's age, the circumstances and methods of the crime of this case, and the disclosure notification order.

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