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(영문) 대전지방법원 서산지원 2016.03.17 2015고합91

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간)등

Text

Defendant shall be punished by imprisonment for not less than three years and six months.

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

Reasons

Punishment of the crime

The defendant is a person operating "D" in C at the time of actual operation of the defendant, and the victim E (the age of 11) is a Fson working in the above D.

1. No person who violates the Child Uniforms Act shall have a child engage in obscene acts, mediate such acts, or sexual harassment, etc. that causes a sense of sexual shame to a child;

Nevertheless, from October 2014 to January 2015, the Defendant: (a) demanded the victim who visited the horse riding course to meet F to set a lock in the room of the Defendant; (b) demanded the victim, who visited the horse riding course to meet F, to do well; and (c) reported obscenity with smartphone in the course of the victim’s report, reported obscenity with obscenity; (d) displayed the victim’s sexual organ, displayed the victim’s sexual organ, and committed sexual abuse that causes a sense of sexual shame to the child, such as sexual humiliation.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape of a minor under the age of 13) committed an attempted act by the Defendant on December 2, 2014, where the Defendant was locked by enjoying in the sofash in the room of the Defendant, and the victim was unable to resist, she exceeded all the bathing clothes and inner clothes in which the victim suffered, cut off the victim’s chest as soon as the victim her chests, her fingers the victim’s chests, and tried to brea the victim’s legs in his/her own shape and inserted the victim’s sexual organ into the part of the victim’s sound, but was not inserted in his/her sexual organ.

Summary of Evidence

1. Each statement of the witness E and F in the third public trial records;

1. Records of statements made by victims;

1. Statement of the police statement related to G;

1. An expert opinion on sexual assault against children or persons with disabilities;

1. A victim’s additional statement-recording CD;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on the result of execution of a communication confirmation permit - the presumption of crime, etc. - a criminal investigation report (Attachment of a victim's removed copy, etc.), investigation report (verification of Pono video stored in the suspect

1. Article 71 (1) 1-2 and Article 17 subparagraph 2 of the Act (the point of sexual abuse, and the point of sexual abuse) for criminal facts and Article 71 (1) 1-2 of the Act on the Place of Child’s Reinstatement of Punishment;