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(영문) 전주지방법원 2018.10.05 2018고합175

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

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

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against a minor under the age of 13) the Defendant was in the house of the Defendant located in 02:00 to 03:00 on the date in front of the year 2015, with the mother of the victim C (at the time, 11 years old) who was locked together with the victim’s mother.

Accordingly, the defendant forced the victim under 13 years of age to commit an indecent act.

2. From October 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) puts the Defendant’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her she

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Recording records of the statement;

1. Answers to counseling services (former Office of Education);

1. A criminal investigation report (the victim's young picture);

1. Application of Acts and subordinate statutes to each internal investigation report (the attachment of letters and photographs of the victim Handphones, the attachment of letters sent by the victim Handphones to the victim Handphones, taking photographs at the scene of the crime, etc., and confirming whether the crime was committed in 20

1. Relevant legal provisions concerning criminal facts, Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Article 298 of the Criminal Act (the crime committed by compulsion against a minor under the age of 13), Article 7(3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and selection of imprisonment, respectively;

1. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes prescribed in the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (the indecent act by a minor under the age of 13];

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. Order for the protection of children against sexual traffic;