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(영문) 수원지방법원 안산지원 2017.07.14 2017고합7

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)

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

The defendant was friendly, who had a difference between the victim D (the age of 12 at that time) and nine (the age of 12), and the victim was at any time at ordinary times due to the nature of the victim, and therefore, the victim was faced with the defendant. Even before this case, the victim was experienced several times of sexual assault from the defendant, but the victim did not properly recognize sexual assault damage due to the defendant because there was no concept of sexual assault.

On May 2015, the Defendant reported the victim’s wall to the above be considered as having been sexual impulse and having difficulty in returning to the school, while reporting the victim’s cell phone, at around 15:00 residence in Ansan-si, Ma and 20, whose date was 15:0, the Defendant reported the victim’s wall to the above be considered as having caused the victim’s sexual impulse.

Accordingly, the victim does not refuse to do so.

After the Defendant again demanded the re-examination of the “defluent defect”, the Defendant left the body of the victim who was unable to refuse to refuse to do so any longer, and forced the victim to leave the place where the victim was suffering and the panty panty tyke. The Defendant left the place where the victim was suffering and forced the victim to do so.

Then, the defendant was invaded by his own fingers and added the defendant's sexual organ into the resistance of the victim after he applied it to the victim's resistance.

Accordingly, the Defendant committed indecent acts against minors under the age of 13 by force.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Statement made by the witness G in the third public trial records;

1. D's statements and records thereof recorded in each video CD;

1. Each investigation report (No. 11, 17 No. 51 of the evidence list);

1. Statement analysis opinion, status of observation on protection, and notification of the results of statement analysis;

1. Application of Acts and subordinate statutes to photographs of victims;

1. The punishment, etc. of sexual crimes under the relevant Act on criminal facts;