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(영문) 창원지방법원 진주지원 2014.05.22 2014고합3
아동ㆍ청소년의성보호에관한법률위반(강간등치상)
Text

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

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

Reasons

Punishment of the crime

At around 05:10 on December 25, 2013, the Defendant discovered the victim E (the age of 12) who locked together with his family in the soup suping ground room located in Jinju-si, Jinju-si, and thought to commit an indecent act.

After confirming that the victim's family members were divingd, the defendant committed an indecent act against the victim by inserting the victim's family members in the vicinity of the victim's clothes, and continuously putting the knife and chest on the part of the victim's clothes in the victim's panty line, making the victim's knife into the victim's panty line, and inserting the knife into the knife and knife with the victim's knife, and thereby, the victim suffered an injury by making the victim knife and knife the knife into the part

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E statements contained in each video recording CD;

1. Application of Acts and subordinate statutes to investigation reports (report on collection of evidence, etc. of victims, attachment of medical records to a hospital at ordinary universities and colleges, and application of such Acts and subordinate statutes to victims);

1. Article 9 of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 7 (4) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the crime;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for taking into account the circumstances of the crime);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where the conviction of the instant criminal facts is finalized, the Defendant who is subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

Defendant

Judgment on the Defense Counsel's argument

1. As to the assertion that the injured party’s wife is merely a mere extent of natural healing, the Defendant and the defense counsel in this case.

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