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(영문) 전주지방법원 2014.08.14 2014고합64
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On February 24, 2014, at around 17:35, the Defendant: (a) was waiting for sexual harassment on the first floor of the front-gun C Apartment, the Defendant: (b) reported that the victim D (W, 12 years of age) was boarding an elevator to return home after completing a private teaching institute; and (c) followed the Defendant’s left chest of the victim by making three times the left chest of the victim’s hand, and committed an indecent act against the child.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to each investigation report (related to photographs of two points submitted by the injured party as evidence, the relation to the attachment of green pictures by the injured party, the security of additional CCTVs and the identity of the suspect), and the report of internal history as well as the application of Acts and subordinate statutes;

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. 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. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the following circumstances: Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of repeating a crime (no criminal record of the same kind of crime) recognized as recorded; the benefits and preventive effects expected by the disclosure order or notification order of this case; the disadvantages and side effects therefrom; etc., the Defendant who registered personal information of this case shall not disclose or notify the Defendant’s personal information; and Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes where a conviction becomes final for

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