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(영문) 대구지방법원 서부지원 2015.07.09 2015고합47

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On March 25, 2015, at 14:55, the Defendant: (a) at the 113-dong-dong-ro 104 Dong-dong-ro 104, Seo-gu, Daegu, Seo-gu, Daegu, for the Defendant to report the victim C (the 9-year-old), who was playing at that place, and D (the 10-year-old age) to force indecent act by force; (b) the said C asked the said C, “ how the name and age would be changed”; (c) put the finger into the said C’s Twitts; and (d) the said D, who was riding on the NA, was able to write down with the victim’s right buck.”

Accordingly, the defendant committed indecent acts by compulsion against the victims under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. C and D's written statements, each investigation report (Attachment of a record of video recording and recording of the victim's D's statements, attachment of expert opinions on the case of child sexual assault), internal investigation report (recording and recording of the victim's statement C, attachment of a record of video recording and recording), and each stenographic record;

1. Each investigation report (verification of details of past similar crimes of a suspect, verification at the scene of a crime, CCTV analysis at the scene of a crime, and details of orders for inspection);

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

1. Of concurrent crimes, the aggravated punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with punishment stipulated in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims C with heavy penalty);

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”);

1. The main sentence of Article 21 (2) and the main sentence of Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the criminal facts indicated in the judgment against the Defendant who has registered the personal information under Article 49(1)1 and the main sentence of Article 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which are ordered to disclose or notify the personal information.