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(영문) 춘천지방법원 원주지원 2014.02.04 2013고합55
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

From August 2005 to September 19, 2000 to September 2005, the Defendant 19:00 to September 2005 asked the victim E (the 8 years of age) who was cared by the wife of the wife in the Hanju-si D 2 level to commit an indecent act against the victim, and asked the victim whether he was a cleaning agent. On the ground that the Defendant had taken the bath, and had the agent conduct an inspection as to whether he was clean, the Defendant shot the victim’s sound, shot up the victim’s sound, and forced the victim to commit an indecent act.

From around that time to September 2005, the Defendant committed an indecent act against the victim on seven occasions in total, such as the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes governing video CDs;

1. Article 8-2(2) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (amended by Act No. 7656, Aug. 4, 2005; Act No. 10256, “the Act on the Protection, etc. of Victims of Sexual Crimes”) and Article 298 of the Criminal Act [the fact that a minor under the age of 13 is indecent acts by compulsion: Provided, That the upper limit of punishment shall be governed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)]

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes among concurrent crimes as provided for in the Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (13 years old, minor rape, etc.) among the concurrent crimes;

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572), Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012);

1. Each judgment on the registration of personal information under Article 38-2(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012) shall be rendered.

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