beta
(영문) 창원지방법원 통영지원 2016.09.13 2016고합31

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

On March 12, 2016, the Defendant: (a) had the intent to commit an indecent act against the victim E (the victim, 10 years of age, 10) in the latter part of the D apartment house at the time of 18:30 on March 12, 2016; (b) had the victim faced with the victim while following the victim; and (c) had his cell phone falling off on the floor.

The Defendant, on the one hand, told the victim that “I will see this day only once, if you talk, I will do so,” and the victim came to a children’s play park in F when the victim was d's human being.

피고 인은 위 놀이터 미끄럼틀 위에서 피해자와 마주보고 앉아 이야기 하던 중, 피해자의 팔을 잡아끌어 자신의 몸 앞 다리 사이에 피해자를 앉게 한 다음, “ 여 동생이 살이 쪘다, 너도 살이 쪘냐

"................ the two descendants are 2-3 times each by inserting the hand into the clothes of the victim, and 2-3 times each by carrying the left hand into the lower part, and the drinking part is "...................................................................

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H, I, J, and K;

1. Two stenographic records or video recorded CDs for victims;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of a photograph of a place of crime), report internal investigation (the confirmation, etc. of the fact that the mother of the victim becomes aware of the damage inflicted on the victim), report internal investigation (a summary of the victim's statement), report internal investigation (a summary of his/her opinion attached), report internal investigation (a summary of his/her opinion attached)

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. The Defendant has no record of committing the instant crime, which is exempt from disclosure and notification orders under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.