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(영문) 부산지방법원 2017.05.12 2017고합29

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)

Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

As the Defendant worked in Et such as the mother of the Victim C (V) and the mother of the Victim C (V), the victim became the Defendant of the ordinary lawsuit.

1. The Defendant, around August 2016, at the victim’s house located in the second floor of Busan Dong-gu, Busan around the new wall. At the victim’s house, the Defendant: (a) had the mother of the previous victim D and alcohol together with the victim’s family at the inside and outside of the open room; and (b) had the victim’s abrupted with the victim’s half panty and panty; and (c) had the victim’s abrupted with panty.

Accordingly, the Defendant committed an indecent act against the victim under 13 years of age by taking advantage of the victim’s mental or physical loss, or the impossibility of resistance.

2. Around September 4, 2016, the Defendant: (a) around the new wall, at the victim’s house; (b) around September 4, 2016, the mother of the previous victim d and pedagod together with the victim’s family members in a pande and pande, who was divingd by the victim; and (c) the victim d and dives together with the victim’s family members.

Accordingly, the Defendant committed an indecent act against the victim under 13 years of age by taking advantage of the victim’s mental or physical loss, or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative report (victim C video recording), two copies of video recording CDs made by the victim, stenographic records, and statement assistance reports;

1. A report on internal investigation (the message sent by a suspected person);

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which are applicable to the crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the order to disclose or notify the registered information shall be prudent in that it may seriously affect the defendant;