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(영문) 수원지방법원 안산지원 2017.08.11 2016고합397

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

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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 40 hours.

Reasons

Punishment of the crime

1. On October 4, 2016, the Defendant, around 14:25, 2016, committed an indecent act against the victim who was under 13 years of age on the following grounds: (a) reported the victim D (name, leisure, 8 years of age) in the vicinity of the apartment site in Ansan-si, Ansan-si; (b) reported the victim D; and (c) on the elevator of the above apartment of 810, she boarded with the victim; and (d) took the victim’s her her her her her her her her her her her her her her her her her

2. 2017 Highest 98 Cases

A. Before March 16, 2017, the Defendant was forced to commit an indecent act, 02:32 and around 02:59, around 03:25, around 03:32, around 03:32, and around 03:37, at the Frying room in Ansan-si E, the Defendant was sexually fryed by the victim G (n, 60 years of age) who was divingd.

Accordingly, the defendant committed an indecent act against the victim who was in a state of impossibility of resisting.

In a case where multiple acts falling under the name of the same crime continue to be committed for a single and continuous period of time, and the benefit and protection of the law from such damage are identical, each of these acts shall be punished by a single and continuous crime. However, if the unity and continuity of a criminal intent are not recognized in several crimes or the method of committing a crime is not the same, each crime constitutes a substantive concurrent crime (see Supreme Court Decision 2013Do10467, Nov. 28, 2013). However, according to the evidence duly adopted and duly examined by the court, the defendant committed an indecent act against the victim G in an impossible situation under the single and continuous criminal intent under the close situation at the time and location of time.

Therefore, it is reasonable to see this part of the crime as a single crime, including this part of the crime.

B. On March 19, 2017, the Defendant: (a) discovered the victim I (the 16-year-old age), who dried up the road at the crosswalk in Ansan-si, Ansan-si around 13:50 on March 19, 2017; (b) found the victim I (the 16-year-old age), followed; and (c) committed an indecent act by force against the victim, by his/her son.

2) On March 19, 2017, the Defendant, at K Mart located in the J of the member of Ansan-si, Ansan-si on March 19, 2017, and at his/her hand, her son.