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(영문) 부산지방법원 동부지원 2016.01.22 2015고합115
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a man who is the mother of the victim D (n, six years of age) with E, and was living together from September 2014 to January 2015.

The Defendant, at the victim's house located in F in F in Busan, called "A, was panty and tyrts only, and was covered on the panty ties and panty ties and was smelled by the victim who was panty panty, and was able to see the victim's panty ties on the panty part of the victim's panty ties, and was knicked inside the victim's panty."

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A report on investigation (video recording for the victim), the victim's picture, family relation certificate, investigation report (G counterpart investigation), and a response to inquiries about the fact;

1. Application of the statutes governing recording records, video recording CDs;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides community service or attend lectures;

1. Exemption from disclosure order and notification order [the defendant does not have been punished for any crime including any sexual crime before the crime in this case, the disclosure of the defendant's personal information in light of the relationship between the defendant and the victim is likely to cause secondary damage to the victim, the risk of recidivism to the defendant's point 6 points in total as a result of evaluation of screening of PC-R (PCL-R), the defendant's personality is relatively obvious, and the defendant's social relationship is relatively clear.

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