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(영문) 수원지방법원 안산지원 2018.06.01 2018고합29

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)

Text

A defendant shall be punished by imprisonment for six years.

The request for the attachment order of this case is dismissed.

Reasons

Punishment of the crime

The part of the facts charged was revised to the extent that it does not affect the defendant's defense right.

Defendant

In addition, the person who requested an attachment order (hereinafter referred to as the "defendant") is the neighbor of the victim C (one, seven years of age), and the victim is the friendship of the defendant's son and female D.

At around 18:00 on October 14, 2017, the Defendant: (a) opened the house room of his son and woman D located in the Gu of Ansan-si, a member of the Gu of Ansan-si, (b) opened the house by side of the victim who reported TV together with D with D, and opened it on the floor by drawing up the victim himself, and (c) laid off his panty and panty, and laid off his fingers once in the sexual flag of the victim.

Accordingly, the defendant committed an act of putting the fingers into the victim's sexual organ under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers against the accused (two times);

1. C’s statement in the statement recorded CDs and stenographic records thereof;

1. Stenographic records with respect to D;

1. Records and photographs of seized articles;

1. Medical records for victims of sexual assault;

1. Application of Acts and subordinate statutes to gene appraisal certificates;

1. Article 7 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal 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. In full view of the following circumstances: (a) the proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant is difficult to expect the effect of preventing re-offending by ordering a foreigner of Chinese nationality to complete a program because communication in Korean is not smooth; and (b) if this judgment becomes final and conclusive in the future, it is difficult for the Defendant to expect that his/her order will be smoothly implemented as he/she constitutes a person subject to compulsory eviction under the Enforcement Rule of the Immigration and

[Determination]

1. The proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure and notification;