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(영문) 창원지방법원 통영지원 2017.09.14 2017고합46
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

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

Reasons

Punishment of the crime

The defendant is a person who was living together with the mother D of the victim C (nive, 12 years of age, 12 years of age).

On January 21, 2017, at around 05:00, the Defendant committed an indecent act against the minors under 13 years of age, by making use of the victim’s physical and mental loss state, in the Defendant’s house room located in Yong-gu, Sinnam-si, around 05:0, at around 05:0, in the Defendant’s house located in Sinnam-si, by reporting that the victims diving out, and committing an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness D and F (excluding the professional part from the victim and his/her birth);

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D or F (excluding part of the victim's and his/her birth together);

1. Written complaint (excluding part of the victim's and his/her birth together with the victim);

1. A statement assistant report, and a statement of experts in sexual assault cases against children under the age of 13;

1. The statement of a victim recorded in video recording CDs;

1. Application of Acts and subordinate statutes to written consent to video recording and written confirmation to sit in trust relationship;

1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act concerning criminal facts;

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

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) of the Act on the Protection of Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the disclosure and notification order of registered information, such as sex offense career information, etc.) requires careful attention as such disclosure and notification order may have a significant impact on the defendant;

In this case, the defendant has no history of sex offense, and the risk of recidivism can be reduced considerably through the registration of personal information and the completion of sexual assault treatment program.

The defendant's age, gender, and age.

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