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(영문) 창원지방법원 밀양지원 2012.11.30 2012고합40

성폭력범죄의처벌등에관한특례법위반(강간등치상)

Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

At around 17:00 on July 26, 2012, the Defendant: (a) 17:00, at the Defendant’s house located in Gyeongnam-gun, was imprisoned to reporting the victim D (five years of age, women) (five years of age, women) who was getting a bicycle on the front of the Defendant’s house located in Gyeongnam-gun; and (b) was willing to commit an indecent act by force.

피고인은 위 피해자를 불러 들고 있던 과자를 먹고 가라고 하여 불러 세운 뒤 ‘날씨가 더운데 집으로 들어가 선풍기 바람이나 쐬자’라고 말하여 피고인의 집 안방으로 데리고 들어간 뒤 위 피해자자 텔레비전을 보고 있는 틈을 이용하여 양손을 피해자의 상의 속으로 넣어 가슴을 만지고 다시 오른손을 피해자의 팬티 속으로 집어 넣어 손가락을 성기에 넣어 휘젓는 등 피해자를 강제로 추행하고 이로 인하여 위 피해자로 하여금 치료일수를 알 수 없는 좌측 외음부에 피부 찰과상 및 요도 위쪽에 심한 피부 발적 등의 상해를 가하였다.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age by fraudulent means or by force, and thereby, caused the victim to suffer injury.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. A stenographic record of the police statement of D;

1. Seizure records;

1. Each report on investigation;

1. Complaints, medical certificates, and reports on requests for appraisal;

1. Application of field photographs, seized articles and Acts and subordinate statutes;

1. Article 8 (1), Article 7 (5), and Article 7 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the relevant criminal facts and the Punishment, etc. of Sexual Crimes on the Selection of Penalties;

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. The main sentence of Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. The defendant who has registered personal information under Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;