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(영문) 인천지방법원 2015.07.03 2015고합289
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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

[criminal power] On April 23, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny at the Seoul Eastern District Court, and completed the execution of the sentence on September 2, 2014 at the Suwon House House site.

【Criminal Facts】

On April 26, 2015, from around 17:00 to 18:00, the Defendant committed an indecent act against the victim under 13 years of age, following the victim D(9) who became aware of while playing in the said apartment playground and the bucks, while playing in the said apartment playground, the victim was suffering from the victim, and the bucks and bucks were left, and the Defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The statement made in D in the video CD;

1. Investigation report (C CCTV confirmation and investigation);

1. On-site map and on-site photograph;

1. Previous records of judgment: Application of Acts and subordinate statutes related to criminal records, references to criminal records, investigation reports (a) and copies of judgment;

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. 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. Determination on the assertion by the Defendant and his/her defense counsel under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Although the summary of the Defendant’s assertion is the fact that he/she is boomed with the victim at the time and place specified in the facts constituting the crime in the judgment, there is no brusation of the victim’s sexual organ, but there is little little question about whether

2. The following circumstances, which can be recognized by this Court based on the evidence duly adopted and investigated by this Court, include ① the time and place of damage, indecent act committed by the victim, etc., ② the victim, who is a child behavior analysis expert, is clearly and specifically stated in the victim’s memory and memory, ② the victim’s statement is unsatisfy and well-known.

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