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(영문) 인천지방법원 2021.01.14 2020고합466

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)

Text

A 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.

Reasons

Punishment of the crime

The Defendant is a shesheshesheshesheshe is a shesheshesheshesheshe is a shesheshesheshesheshe is from the victim’s her mother, who is a mother of the victim B (math, 9 years of age, hereinafter referred to as “victim”).

At around 02:00 on March 1, 2020, the Defendant drinked with the above E and found it at the same time, and collected the hand from the inside of the victim, the Defendant, and the person who suffered from the above E, to the inside of the victim, the Defendant, and the person who suffered from the victim’s own damage in the order of the above E, and collected the finger into the part of the victim’s sound, by inserting the hand into the victim’s panty, and putting the hand into the victim’s panty, thereby opening the victim’s house to close the visit and enjoy it on the part of the bed, and taking the victim with the hidden person on this part of the bed.

The phrase “hack” put the victim’s fingers into the victim’s panty, thereby gathering the fingers into the victim’s sound part.

Accordingly, the defendant committed an act to put the fingers into the victim's sexual organ under 13 years of age.

Summary of Evidence

1. Application of Acts and subordinate statutes of the Kakao Stockholm, marriage relation certificate (suspect), and family relation certificate (C) to the complainant and the E, a medical certificate of the police statement of the defendant's partial statement C by the suspect;

1. Article 7 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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 main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019) (amended by Act No. 16622, Nov. 26, 2019);

It is difficult to conclude the sentence against the defendant, and personal information.