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(영문) 부산지방법원 2017.05.26 2017고합79
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On September 28, 2016, around 18:20, the Defendant, in front of the D Reading Center located in Seo-gu Busan, Seo-gu, Busan. On September 28, 2016, the Defendant: (a) laid the victim E (V) who was under the influence of alcohol, and (b) brought about five times the victim’s buckbucks.

In addition, the Defendant, following the victim, talked to the effect that F, the victim’s words followed by the victim’s behind, “I am hye” to the victim, and whether I am hye and hye the victim’s losses to F.

“Before doing so, she took a bath while doing so, she sought assistance from a criminal suspect who was in the F, and she attempted to restrain the victim from doing so on the winding side of the G building located in the same Gu by leading about about 50 meters up to the crosswalk of the G building located in the same Gu, with the victim’s hand and leading about 50 meters.

Accordingly, the defendant committed an indecent act by force against the victim under 13 years of age, and attempted to capture the minor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A report on the occurrence of a loss;

1. A report of investigation (No. 2 times a year), face pictures of the suspect at the time of the suspect;

1. Investigative report (victim E-eight years of age), two copies of video recording CDs, recording records of statements (one time), recording records of statements (2 times of statements);

1. A report on investigation (a statement made by a wooden shot H);

1. A report on investigation (attached Table 112 of the report processing case) and one copy of the report processing case;

1. Investigation report (a copy, such as a victim or suspect's resident registration card), a certified copy, etc. of resident registration;

1. One CD in the actual survey report, on-site photographs, and CCTV images;

1. To make a investigation report (Securing and analyzingCCTV) and to capture CCTVs;

1. Application of Acts and subordinate statutes to a report on investigation (such as the suspect's condition at the time of dispatch of police officers I);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Article 298 of the Criminal Act (a point of indecent conduct by a minor under the age of 13, a choice of imprisonment with prison labor), Articles 294 and 287 of the Criminal Act concerning the crime;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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