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(영문) 부산지방법원 동부지원 2016.01.15 2015고합142
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

The information on the accused shall be disclosed and notified for a period of four years.

(b) the defendant;

Reasons

Punishment of the crime

The defendant is a person who serves as a managing house in the D church located in Busan Southern-gu C.

1. On August 2014, the Defendant: (a) was seated next to the event at the entrance of the victim E (the age of 10) who sits in the above church, and went to the above church; (b) was fucks around the victim’s left side by hand; (c) was fucks around the victim’s body, seated in the room where the Defendant’s office work and reported on smartphones, and was tight back to the victim’s body, and was fucked by the victim’s chest by hand; and (d) the victim was fucked with the victim’s chest with the victim’s chest by the victim’s hand.

2. On May 29, 2015, the Defendant: (a) around 17:20, around May 29, 2015, around the day at the entrance of “F Child Care Centers” located on the first floor of the above church building; (b) provided that the Defendant would sell drinking water to the victim G (n.e., 11 years of age) who left the above child care center.

In the upper part of the victim's waiting for drinking water in the upper part of the upper part of the plaintiff, he shouldered the victim with his left arms, and has caused the victim's left chest on one occasion with his left hand.

Accordingly, the defendant committed an indecent act against the victims of less than 13 years of age on two occasions.

Summary of Evidence

1. Partial statement of the defendant (as at the fourth public trial date);

1. Each legal statement of the witness H and I;

1. Investigation report (video recording for the age of 11), victim G, screen picture, actual survey report, each field and photo, each investigation report (written opinion of experts in child sexual assault case), expert opinion of each child with disabilities case, investigation report (video recording for the age of 11), victim E, and victim E;

1. Application of statutes governing video CDs recording each victim's statement and recording records of each victim's statement;

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

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code [the above-mentioned sentence] shall be heavier.

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