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(영문) 대전지방법원 홍성지원 2015.11.05 2015고합97

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

At around 12:00 on the day of 2012, the Defendant: (a) at the home of the victim (the age of 6 at that time) located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, the Defendant said that the victim was frighted to fright to fright to fright Kim, and fright to fright the victim to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright the victim; and (b) said, the victim was fright to fright to fright to fright to fright the victim’s body.

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

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. The police statement concerning F;

1. Investigation report (such as a written confirmation submitted by the mother of the victim), investigation report (a copy of the counseling site), investigation report (a copy of the counseling site), and investigation report (a statement hearing of an instructor G who has been in charge

1. Application of Acts and subordinate statutes concerning stenographic records and photographs;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Order to complete a program, Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 11572, December 18, 2012), and the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); the Defendant did not have any history of sex offense prior to the instant case; the Defendant’s misunderstanding of his/her mistake; and the Defendant appears to have committed the instant crime contingently.