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(영문) 제주지방법원 2017.02.16 2016고합150
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

From November 2015, the Defendant was the relationship between E and the father, who is the mother of the victim C (nive, family name, and D) from November 2015, and was at the end of February 2016.

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) committed an indecent act against the victim under the age of 13 by inserting his/her panty in the house of the victim C (at the age of 11) who was located in F at his/her own city, sitting together with the victim, standing together with the victim, making the victim sits between his/her own bridge, making the victim sits between his/her panty and forced him/her to commit an indecent act against the victim under the age of 13.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a indecent act committed by a minor under the age of 13) reported by the Defendant on Jan. 1, 2016 at the same place as the preceding paragraph at around 07:00, and returned to the Republic of Korea, and during the shower of E, the Defendant reported the victim (a woman, 11 years old) who was locked above inside the inside and outside of the inside of the inside of the inside of the victim, by inserting his hand into the inside of the victim, making the victim’s chest and the ship back to the victim’s chest and the ship back to the outside of the victim, and putting him in a panty.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age by taking advantage of the victim's potential state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H, and E;

1. Preparation of video-recording CDs and stenographic records (1,80 pages of investigation records), video-recording CDs and recording records (305, 319 pages of investigation records);

1. Investigation reports (Attachment to the victim’s message), investigation reports (Attachment to the victim’s family relation certificate, etc.), investigation reports (Attachment to the details I of the victim’s father’s submission), investigation reports (report on submission of reference materials to the victim), and application of each Act and subordinate statutes of accompanying materials

1. Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 298(1) of the Criminal Act, Article 7(4) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 298(1) of the Criminal Act, Article 7(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 299(1) of the Criminal Act.

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