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(영문) 대전지방법원 홍성지원 2014.03.10 2013고합54
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

From around 17:30 on July 2009, the Defendant discovered the victim E (V), who was playing in the 4th floor of Bocheon-si D Apartment 203, 18:00 on the same day, and laid off the above apartment 408, which is one’s own residence, and laid off the female inside and outside the 408, which is one’s own residence, and committed an indecent act against the sexual flag in front and rear of the victim’s sexual part of the sexual flag, by getting out of the victim’s her inner part and panty, and her inner part of the victim’s inner part.

Summary of Evidence

1. Each statement of witness E, F, G and H in the third protocol of trial;

1. A statement recording CD or recording record against the victim E;

1. A report on investigation (date and place of the crime, specific circumstances of the suspect), investigation report (report attached to reflect reflective 2009 Bos-Bad's compact photographs);

1. Seizure records;

1. Photographs of seized articles;

1. An expert opinion on a child sexual assault case;

1. Application of Acts and subordinate statutes on family relation certificate;

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Article 8-2 (3) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010); Article 298 of the Criminal Act (amended by Act No. 1425, Apr. 15, 2010); Article 298 of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010) pursuant to the main sentence of Article 4 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter “former Criminal Act”).

[15] Imprisonment with prison labor prescribed in the main sentence of Article 42

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. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 5 (1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), and Article 5 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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