성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)
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.
Punishment of the crime
In a case where a court recognizes a more minor criminal facts included in the criminal facts charged within the scope recognized as identical to the facts charged, if it deems that there is no concern about causing a substantial disadvantage to the defendant's right to defend, in view of the progress of the trial, the court may, ex officio, recognize the facts charged different from the facts charged as stated in the indictment, even if the indictment has not been modified (see Supreme Court Decision 2001Do1091, Jun. 29, 2001, etc.). The facts charged in this case specify the victim's age, and the defendant was aware of the fact that he/she had physical contact with the victim under the age of 19, thereby denying the exercise of power and the insertion of sex, and whether the victim was under the age of 13 at the time.
In light of the above deliberation process, even if the accused guilty of the facts constituting the crime under the Act on the Protection of Juveniles from Sexual Abuse (e.g., deceptive scheme), which is included in the facts charged, it is judged that there is no concern that a substantial disadvantage may be inflicted on the defendant's exercise of his/her defense right. Thus, the accused guilty of the facts constituting the crime under the Act on the Protection of Juveniles from Sexual
On November 18, 2017, the Defendant, while working as the clinic of “F” with the age of 24 years at around 18, 2017, indicated the facts charged by the prosecutor G (a person, a person, and a person aged 12) in the facts charged by the victim G (a person, a person, and a person aged 12) as the victim I (a person aged 12). However, the victim’s name used in the records of this case is “G (a person, a person aged 12)” and even if corrected, it is not likely to obstruct the Defendant’s exercise of his/her right to defense. Thus, the Defendant’s correction ex officio.
The phrase “I wish to have the Organization” is written to report this writing to the victim, to communicate with the victim, and to place a knife organization.
was made.
The defendant affixed the following seals on November 13, 2017.