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(영문) 수원지방법원 여주지원 2017.06.15 2017고합34
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is an external third village of a victim C (nive, 9 years of age).

1. On September 2015, the Defendant: (a) around September 2015, at the victim’s house located D and 2 of Dobong-gu Seoul Metropolitan Government Dobong-gu, and (b) around the victim’s side, the Defendant d and spandeed the victim by inserting the hand into the victim’s fright and panty.

Accordingly, the Defendant committed an indecent act against a victim under the age of 13 who is related to blood by taking advantage of the victim’s resistanceable condition.

2. At around 03:00 on November 6, 2016, the Defendant, at the victim’s house located on the 1st underground floor in Dobong-gu Seoul E-gu Seoul Metropolitan Government, accumulated locked back to the victim’s neck and panty, put his hand into the victim’s neck and panty, continued to put his hand into the victim’s chest, and continued to put the victim’s chest into the victim’s chest, the Defendant said that “I promptly see the third village.”

Accordingly, the Defendant committed an indecent act against a victim under the age of 13 who is related to blood by taking advantage of the victim’s resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. The victim's green forest, stenographic records or the video recording time of the victim's statement;

1. Application of a copy of an abstract of resident registration;

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts, Article 299 of the Criminal Act, Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act (the point of an indecent act by force against a minor under 13 years of age);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in Articles 40 and 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a violation of the Act on Special Cases concerning the Punishment, etc. of Minor Offenders under the age of 13), a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-performance by blood relatives) and a punishment provided for in the Act on Special Cases concerning the Punishment, etc. of

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code for the aggravation of concurrent crimes.

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