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(영문) 대구지방법원 2018.07.20 2018고합206

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

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

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 26, 2018, around 16:30 around 16:0, the Defendant parked an EAP car in front of the front entrance of the 102-dong apartment building, and discovered the victim F (10 years old), who was walking on the road, while smoking tobacco on the vehicle, and the victim “as requested, the Defendant was seated with the head of the car operation for the said car.”

After that, the defendant moved behind the apartment, parked close to the wall of the building and made it impossible for the victim to open and leave the steering gate, and the victim's chests can only turn off the victim's chests into clothes due to the fingers, the victim forced the victim's knife, and forced the victim's knife, even though the victim refused to do so, the defendant's knife continued to do his knife the victim's hand and refuse to do so.

The victim forced the victim's knee and panty knee, followed the victim's knee and the victim's knee and knee so that " females have caused this knee"; or

내 고추도 보여줄까 ”라고 말하고, 피해자에게 “ 나랑 사귈래

“A person who does not do so” means “a person

The victim was kid against the refused victim, and the victim was kid by his hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Recording records of the statement;

1. Report on internal investigation (to be attached to images, etc. that the victim waits with the vehicle involved), investigation report - Application of the Act and subordinate statutes attached to a response to a request for appraisal;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. Matters concerning the protection of children and juveniles against sexual traffic, exempted from disclosure orders and notification orders;