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(영문) 서울중앙지방법원 2017.06.08 2016고합1316
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is a mother of the victim C (V, 11 years of age).

The Defendant committed an indecent act by force against the victim under 13 years of age, continuing to answer the above questions until the victim respondeds to, in the case of the Defendant’s house located in Jongno-gu Seoul Metropolitan Government DDara 301 on the date of 2004. The Defendant was placed in the room of the Defendant’s house located in Jongno-gu Seoul Metropolitan Government DDara 301, and was collected inside the victim’s house, and frighted in the victim’s house by hand, and frighted in the victim’s house.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Application of the CD-related Acts and subordinate statutes to Defendant’s video page in committing the crime

1. According to Article 3 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 20 (1) of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010), the statute of limitations for a sexual crime against a minor runs from the date when the minor injured by the relevant sexual crime reaches the age of majority. This applies to a sexual crime, the statute of limitations of which has not been completed at the time of April 15, 2010, when the crime of this case was committed on April 27, 2014 (see, e.g., Supreme Court Decision 2013Do13095, Mar. 27, 2014). The statute of limitations of the prosecution of this case is a crime that constitutes imprisonment with prison labor for more than one year, or a fine of more than 5 million,000 won and less than 20 million won, and Article 137 of the former Criminal Procedure Act (amended by Act).

In addition, Article 3 and Article 3 of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes ( December 18, 2012) are the same Act.

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