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(영문) 수원지방법원 안산지원 2014.02.07 2013고합270
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

The facts constituting the cause of the attachment order and the attachment order [criminal facts] 2013, 270];

1. Around September 13:10, 2013, the Defendant and the person subject to a request to attach an attachment order (hereinafter referred to as “Defendants”) found the victim’s left hand in the Ginst road, which is the victim F (8 years of age and female)’s residence, in light of light life, and followed the victim’s stairs up to the stairs of the victim’s residence, and followed the victim’s escape from the stairs between the first and the second floor of the above last end, and led the Defendant to take the victim’s right hand over, take the victim’s hand off, and take the Defendant’s sexual organ back, and take the victim’s hand over, leading the victim’s hand.

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

"2013 Gohap365"

2. On April 18, 2006, the Defendant violated the Act on the Punishment of Sexual Crimes and the Protection of the Victims thereof (a minor rape, etc. under the age of 13) committed between the first floor and the second floor of the apartment located in the Hayang-gu, Mayang-gu, Hayang-gu, by taking the hand of the victim I (seven years of age, female) who returned home to Korea, forced the victim I (seven years of age, female) to put the victim into force on the part of the defendant's inner part, and had the victim's sexual organ reach the defendant's sexual organ by taking the victim's hand out of the defendant's sexual organ.

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

[Judgment of the court below] The defendant committed a sexual crime on at least two occasions as stated in the above facts of the crime and committed a sexual crime again.

Summary of Evidence

[Evidence 1] (Evidence: Evidence of 2013 High Gohap270)

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Recording records;

1. The place where the act of committing an indecent act by a victim is conducted [the 2nd fact in the market] (Evidence No. 2013 Gohap365] (Evidence of 2013 Gohap365);

1. Defendant's legal statement;

1. A written statement of J and I;

1. Each appraisal statement and each reference table for appraisal (the sequence 6 of the evidence list of prosecutors);

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