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(영문) 서울북부지방법원 2015.01.23 2014고합384

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates the word “F” in the name of “F” in front of the E elementary school sentiments located in Gangnam-gu Seoul Metropolitan Government D.

1. On January 2010, the Defendant committed an indecent act by force against the victim under 13 years of age, who was able to sit in front of the inside room in the front of the opening room at the o’s o’clock and o’s o’th of the victim G (at that time, the Defendant was 8 years of age) on his hand and o’s shoulder and chest as rhyd.

2. Between 16:00 and 17:00 on the date of 2012, the Defendant committed an indecent act by force against a victim under 13 years of age, on the part of the victim G (at the time, 10 years of age), who was sitting in front of a door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door.

3. Around August 2012, the Defendant committed an indecent act against the victim under 13 years of age on his/her hand, following the victim H (Inn, her 10 years of age at the time) who entered a narrow passage to fix an object, following the victim H (the 10 years of age at the time).

4. On July 23, 2013, the Defendant committed an indecent act by force against a victim under the age of 13, who was putting an object on the right side of the victim H (the age of 11 at that time) who was located in the Femblary point that he operated by himself, and who was under the age of 13 on the right side of the victim H (the age of 11 at that time).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. A statement recorded in the prosecutor's video CD with regard to G;

1. A statement recorded in each police video CD with G or H;

1. Application of the written opinion of experts in sexual assault cases against children with disabilities (H);

1. Article 7(3) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act concerning victims G, each indecent act by force against victims, and the victim H, respectively, shall be deemed around December 2012.