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(영문) 수원지방법원 성남지원 2017.04.13 2017고합30
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)등
Text

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

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by quasi-incompetents under the age of 13);

A. A. The Defendant committed the crime at around 01:00, at around 01:00, committed an indecent act against the victim by taking advantage of the victim E (e.g., female son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

B. From the beginning of winter around 2014 to the beginning of 2015, the Defendant: (a) committed an indecent act against the victim by taking advantage of the gap between the front wall of 2014 to the front wall of 2015, and by taking advantage of the cresh of the said D’s house at the inside and outside of the said place, the victim E (the son, the son, the son, the son, the son at that time) who is his/her father, was off from the victim’s will and the panty; (b) kid the victim’s face with the Defendant’s face, having the victim’s sexual character, and leaving him/her smells.

2. The Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.), exceeded all the dates, places, and panty of the victim, and taken photographs of the victim’s sexual organ against the victim’s will by using the Defendant’s mobile phone photographing functions inside the cell phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records and video recorded CDs with respect to E;

1. Statement made by the police against D;

1. With respect to the investigation report (in relation to the field investigation), the application of the investigation report (in relation to the confirmation of the victim's address);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act (the fact that an indecent act by quasi-performance of minors under 13 years of age is committed, the choice of imprisonment), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the fact that photographs, such as camera, are used; the choice of imprisonment

1. The former part of Article 37 of the Criminal Code, and Article 38.

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