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A defendant shall be punished by imprisonment for four years.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
The defendant is the father and father of the victim C (V, 4 years of age).
1. Violation of the Act on the Punishment, etc. of Sexual Crimes (Indecent act, such as a deceptive scheme against a minor under the age of 13) and violation of the Child Welfare Act (sexual harassment, etc. against a child), the public prosecutor indicted victims of the violation of the Act on the Punishment, etc. of Sexual Crimes (Indecent act, such as a deceptive scheme against a minor under the age of 13) and the violation of the Child Uniforms Act (sexual harassment, etc. against a child) as substantive concurrent crimes; however, it is difficult to see that acts meeting the above constituent requirements constitute separate acts, each of the above crimes is in an ordinary concurrent relationship.
It is reasonable to view it.
On the other hand, the court did not regard the same criminal facts as substantive concurrent crimes, but recognized the same as the commercial concurrent crimes.
Even if this is merely a difference in the legal evaluation of the number of crimes, it is nothing more than that of the facts charged, not a fact that is different from that of the facts charged, nor does it be in violation of the principle of disadvantage and disadvantage because there is no concern about actual disadvantage to the defendant's exercise of his right to defense (see Supreme Court Decision 87Do527, May 26, 1987). Thus, the above facts constituting an offense are changed ex officio to the ordinary concurrent crimes without changing the
A. On March 13, 2017, the Defendant: (a) 18:00 on March 13, 2017, when she was self-defensed in the Defendant’s house room located in Gwangju Northern-gu, the Defendant used the Defendant’s appearance to protect the Defendant; (b) the victim was unable to resist the other party’s sexual demand due to lack of normal judgment ability; (c) taken the victim’s hand holding “nicked,” her fingerd, her finger, her the Defendant’s sexual flag, her fingered the Defendant’s hand into the Defendant’s hand; and (d) marks the Defendant’s sexual organ.
B. On March 15, 2017, the Defendant, at around 18:00 on March 15, 2017, took advantage of the condition of the victim, such as Paragraph A, in the above apartment living room, off the victim’s clothes, ice out and ice off the victim’s clothes.