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(영문) 청주지방법원 2014.07.30 2014고합43
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The Defendant was a person who operated the “D Library” on the Heung-gu C and the second floor in Cheongju-si. On the first floor of the same building, the Defendant had been able to perform the duties of the local children’s center, such as the operation of vehicles of the “E local children’s center” operated by the Defendant

The Defendant: (a) at the library room of the above library room of the Defendant: (b) visited the victim F (hereinafter referred to as “F, 11 years of age”) who is a child using the above regional children’s center of the above region, to enter the Defendant’s request for the delivery of the vehicle; and (c) prevented the victim from resisting the victim by taking the two arms back after the victim; (d) putting the two grandchildren into the victim’s chest into the victim’s inner part; and (e) putting the hand in the victim’s inner part and the knive part of the victim’s drinking.

Accordingly, the defendant committed similar acts to the victim under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G at the third trial date;

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

1. Each police statement made to H and F;

1. Preparation of protocol-Stenographic records (F) and recording records;

1. A written confirmation of counseling or a written record of counseling;

1. The expert opinion of the child-disabled person;

1. Each investigation report, one recorded CD, a certificate of persons with disabilities, the current status of buildings, and the application of each statute of photograph;

1. Article 7 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order; the main sentence of Article 21 (2) of the Act on the Protection of Children

1. The age, family relationship, occupation, environment, and social ties of the accused under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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