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(영문) 춘천지방법원 2016.08.30 2016고합31
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

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

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

Reasons

Punishment of the crime

The defendant maintained her friendship with C, who is a line of society, and was aware of the victim D (the 9 years of age at the time, her husband and wife) and E (the 8 years of age at the time, her husband and wife).

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against a minor under the age of 13) committed an indecent act by force against a victim under the age of 13 on November 2014, after drinking the above C and drinking alcohol at the house of the above Dongcheon-gun F around the first night of November 201, and taking away his body from the victim D who was locked on the left side of the Defendant’s bed, and kid away from the Defendant’s body, and committing an indecent act by force against a victim under the age of 13, who was under the age of 13.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor's sexual act under the age of 13) committed an indecent act against the said D at the time, place, as described in paragraph 1, with which the Defendant committed an indecent act against the victim's body to the right side, and continuously opened the victim E who was under the right side of the defendant, and opened the victim E, who was under the right side of the defendant at the right side of the bed, kept up with the victim's hand, kept up his hand with his breast, kept up his finger with his panty, kept up his finger, and kick up with his panty, and kick up his finger and kept up his finger into the sound part of the victim, thereby putting the victim under the age of 13 with an assault against the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. Stenographic records of each Gangseo-gu Roba Center;

1. Report on internal investigation (the father C counterpart investigation of the victim), each investigation report (the details of telephone conversations between the victim and his father, the attachment of counseling log for the victim, and the attachment related to the failure of one-time keeping of the victim D);

1. The application of the written opinion of experts in sexual assault cases against children under the age of 13, response to requests for legal psychological appraisal (2015-M-28618), and the written opinion of experts in sexual assault cases;

1. Relevant Articles of the Act and the punishment, etc. of sexual crimes selected for crimes;

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