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(영문) 대전지방법원 2016.08.25 2016고합176

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On December 29, 2015, the Defendant wishes to see that “I wish to see an Abdones” to the victim D (the Defendant’s name, leisure, and 7 years of age) with the Defendant’s panty and panty under the circumstances following the container located at Sejong-si around 13:00 to 14:00.

The term "the defendant's sexual organ is called "," and the victim's sexual organ is requested to meet, and the victim's sexual organ is able to satisfy the defendant's sexual organ with his/her hand, and the victim's panty was knifed with the victim's sexual organ and the victim's knif has been knifed.

Accordingly, the Defendant committed indecent act against a person under 13 years of age by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Stenographic records on D;

1. Investigation report (the counter telephone investigation of the counselee);

1. The scene of the crime, and the photograph and mate photograph of the Defendant (the Defendant and his defense counsel asserted that the Defendant did not dance his hand on the part of the victim, but the victim had anywhere the Defendant had made a statement of damage at the integrated support center for the victims of sexual assault following the framework of the crime in this case;

the initial part of the question is referred to as “influence”, and how to meet the question.

“In response to the question, even even if you were to live.”

”라고 말하거나 생식기 부분을 부비는 시늉을 하기도 하였고, 이 사건 범행 다음날 피해자를 상담하였던 선생님이 피해자를 직접 면담한 바에 의하더라도 피해자는 “ 아저씨가 엉덩이와 제일 소중한 곳을 만졌다.

Inasmuch as the Defendant said that it was “,” according to the evidence above, the Defendant could fully recognize the fact of dancing on the part of the victim’s drinking.

Application of Statutes

1. Relevant Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning criminal facts;

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. The Act on the Protection of Children and Juveniles against Sexual Abuse;