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(영문) 부산지방법원 2017.12.22 2017고합445

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)

Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

The Defendant was married on March 12, 2014 with the mother of the victim C (the age of 11) and the marriage on March 12, 2014, but was divorced on February 23, 2017, but living together was continued, on April 21, 2017, the Defendant committed an indecent act by force against minors under the age of 13 by putting the victim's chest into the victim's clothes, putting the victim's chest into the victim's clothes, putting him/her out his/her fingers into the victim's clothes, continuing to put him/her into the panty, and committing an act by force under the age of 13.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal complaint and a family relation certificate;

1. C’s statement or record-recordings recorded in video recording CDs;

1. Each investigation report (related to the attachment of conversation between the suspect and the mother of the victim, the attachment of expert opinions on sexual assault against children and disabled persons, the attachment of expert opinions on sexual assault against the victim's mother, the attachment of photographs inside the victim's residence, hearing of the victim's mother's statements, and the application of the statutes related to accompanying

1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Where a judgment of conviction becomes final and conclusive against a defendant who has registered personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to

In light of the details of a crime subject to disclosure order and exemption from notification order, punishment history, etc., it is determined that the defendant's personal information should not be disclosed. Thus, the order of disclosure and notification of personal information is not sentenced.