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(영문) 창원지방법원 2014.02.20 2013고합324

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. Around November 2, 2013, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor quasi-rape, etc. under the age of 13) committed an indecent act against a victim E (a 10 years old) who was locked with his/her family in a soup room located in Jinhae-gu, Jinhae-gu C on November 2, 2013, by reporting the victim E (a 10 years old), and by committing an indecent act against a minor under the age of 13, who was able to resist by inserting his/her hand into the victim’s side.

2. A quasi-indecent act by compulsion on November 2, 2013, the Defendant committed an indecent act by compulsion on the part of the victim E at around 05:19, in mind that the mother of E, who was going on the side of the above E, would report the victim F (n, 42 years of age), and committed an indecent act against the victim, who was in an unfluencing state by the victim’s her hand, with the victim’s right to her the part on the part of the victim

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of statutes governing stenographic records;

1. Relevant Articles 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes on the Crime, Article 299 of the Criminal Act (the occupation of indecent act by compulsion of a minor under the age of 13, choice of imprisonment), Articles 299 and 298 of the Criminal Act;

2. From among concurrent crimes, the punishment provided for in the former part of Articles 37, 38 (1) 2 and 50 of the Criminal Act (aggravated Rape within the limit provided for in the proviso of Article 42 of the Criminal Act) among concurrent crimes;

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

4. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

5. There is no criminal record against the accused who is exempted from disclosure and notification orders under the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse,

It is difficult to deem that there is a risk of re-offending, and the profits and preventive effects expected by the disclosure notification order of this case, and the disadvantages and side effects resulting therefrom.