beta
(영문) 광주지방법원 목포지원 2018.11.08 2018고합8

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On February 2, 2016, the Defendant put the Defendant’s house (at the Bapo City B building, and at the inside bank of the C, the victim D (V, 9 years of age) who was divingd and was divingd, and met with the part of the victim.

Accordingly, the defendant committed an indecent act against a minor under the age of 13 by taking advantage of the victim's mental or physical loss or resistance impossible condition.

Summary of Evidence

1. Each legal statement of witness E, F and G (part);

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Protocols of the police statements related to G;

1. A victim's statement, each stenographic record (not more than six pages, not more than 281 pages), recording CDs (not more than 487 pages of investigation records), or recording (not more than 487 pages of investigation records);

1. Investigative reports (in relation to support for the investigation of a victim), investigation reports (Attachment to counseling records and clinical psychological assessment reports with the victim I Center), investigation reports (Attachment to text messages exchanged between the victim's mother and the suspect, etc.);

1. Notice of the results of statement analysis;

1. A report on the case requesting cooperation in investigation, the place where the case is received, the place where the case is recorded, and clinical psychological assessment;

1. The written decision on disposition by the competent court of Gwangju (2017 Food 1719), the decision by the competent court of Gwangju 2, the decision by the competent court of Gwangju 2 (2018 C) and the first trial protocol by the Busan Family Court (2018 Pu 43)

1. A certified copy of each family relation certificate (not more than 128 pages, not more than 140 pages, not more than 164 pages);

1. Application of J photographic Acts and subordinate statutes

1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. Article 3 of the Addenda to the Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018).