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(영문) 광주지방법원 2017.03.24 2017고합59
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)
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

From July 2015, the Defendant, along with D, who was the father of the victim C (V, 9 years of age) from around July 2015, engaged in the business of cultivating her married farming house, from that time to December 2015, the Defendant resided in Gwangju Mine-gu E apartment, and from January 2016, the Defendant resided with the victim and D in Gwangju Northern-gu F.

1. The Defendant committed the crime at around 08:00 on August 2015, 2015, at the victim’s dwelling room located in the above E apartment complex around 08:00 on the date on August 8, 2015, the Defendant committed an indecent act by putting the son into the victim’s inner part by taking advantage of the victim’s potential state of resistance, while she was diving with the victim.

2. On August 2015, the Defendant: (a) had been locked on August 2015, 2015, the Defendant committed an indecent act on the victim’s chest by taking advantage of the victim’s potential situation where the victim was locked with the victim; (b) having been locked, the victim was able to resist with the victim; and (c) had the chestd.

3. 2016. 6. 11. 경 범행 피고인은 2016. 6. 11. 05:00 경 광주 북구 F에 있는 피해자의 주거지 안방에서 잠이 들어 항거 불능 상태에 있는 피해자에게 다가가 피해자가 입고 있던 하의 위로 피해자의 음부를 손가락으로 꾹꾹 누르는 방법으로 피해자를 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Stenographic records (C);

1. Investigation reports (recording video recording for victims C), investigation reports (Attachment of counseling records for victims C), confirmation of the fact of counseling on damage, investigation reports (Attachment of records for counseling for victims C, suspects A), each family relation certificate (victim C, suspect A, and abstract of resident registration for each victim C, suspect A), investigation reports (specific relation to the date of crime), investigation reports (suspect A), investigation reports (to be related to the date of crime), investigation reports (to be accompanied by telephone conversations for victims), investigation reports (to be accompanied by photographs of the place of crime);

1. Application of statutes on written opinions of experts in statement analysis;

1. Article 7 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is applicable to the relevant criminal facts and selective punishment.

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