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(영문) 광주지방법원 목포지원 2014.06.26 2014고합38
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

1. On October 8, 2013, around 08:15, the Defendant found the victim D (the 12-year old age) who was sent in front of the F in Sinpo City E, with the mind of committing an indecent act against the victim, and the victim Da Da Da Da Da Da Da Da Da Da Da Da Ga Ga Ga Ga Ga Ga Ga Ga Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha

2. On March 19, 2014, around 08:15, the Defendant found the victim H (the age of 11) who was sent to the J in front of the so-called Y, the Defendant committed a crime against the victim H, and committed an indecent act against the victim by forcing the victim to commit an indecent act against the victim, stating that “G is arche, G is likely to be found, G is likely to be found.” On his own hand, the Defendant: (a) kids the victim’s right chest with the victim’s hand; (b) kids the victim’s hand, kis the victim’s hand, and kids the victim’s hand, stating that “K is son;” and (c) kids the victim’s left chest by force.

Summary of Evidence

1. Defendant's legal statement;

1. Records of each statement made to D and H:

1. Application of CCTV-cape photograph Acts and subordinate statutes;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes by concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims H with heavy penalty)

1. Mitigation of discretionary mitigation under Articles 53 and 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 Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure and notification;

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