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(영문) 대구지방법원 2014.10.10 2014고합279
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for four years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is a part of the victim C (n, 5 years of age)'s external assistance.

On September 3, 2013, the Defendant resided in China as a person of Chinese nationality, and entered Korea with the invitation of D, his father and her father, married with Korea, and resided in Korea, and resided in Yongcheon-si E located in D, and the remaining families, including the victims, have resided on the first floor of the above inn.

1. From March 2014 to May 13, 2014, the Defendant: (a) reported the fact that the victim playing in the Defendant’s room 201, and reported television; and (b) forced the victim to go off her panty and panty, and forced the victim to go off from her panty, and led the Defendant’s sexual organ to the sound part of the victim.

Accordingly, the Defendant committed an indecent act by force against the victim who is a blood relative, and at the same time committed an indecent act against the victim who is a minor under the age of 13.

2. From March 2014 to May 13, 2014, the Defendant, following the date of the crime of Paragraph 1, 2014, around 13, 2014, she reported the television by the victim who was playing in the Defendant’s room, and was forced to be off the victim’s path and panty, and forced off the victim’s path and panty, and forced off the Defendant’s sexual organ to the sound part of the victim.

Accordingly, the Defendant committed an indecent act by force against the victim who is a blood relative, and at the same time committed an indecent act against the victim who is a minor under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Protocol stenographic records;

1. Each investigation report (including attached documents and photographs);

1. Written opinions on sexual assault cases against children under the age of 13;

1. Statement of opinion;

1. Application of the certified copy of resident registration and family relation certificate statutes;

1. Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts and Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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