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(영문) 수원지방법원 성남지원 2012.09.13 2012고합220
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Defendant

1. A person under the age of 13 by force commits an indecent act on the part of a person under the age of 13 by discovering the victim D (inn, 11) in an elevator of the 601-dong, Seongbuk-gu, Seongbuk-gu, Sungnam-si, Sungnam-si, the date of May 201;

2. On May 201, 201, on the back of 601 apartment building 601, the victim E (the 10-year old-age-age-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-child-based-based-

Summary of Evidence

【Criminal Facts Paragraph 1】

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation (paragraph (2) of the facts of crime);

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment of Concurrent Crimes against Victims E];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Grounds for sentencing under Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The range of the applicable sentences from June to June 22; and

2. Application of the sentencing guidelines (determination of types) sex offenses. General standards. A sex offense subject to the age of less than 13 (a specially punished person) - A mitigated element: Where the degree of indecent act is weak (determination of the recommended area), the mitigated area, two years to six years [a general person] - A mitigated element: No record of criminal punishment [a standard for multiple crimes] from June to June of 2 years and six months;

3. Sentence;

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