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(영문) 대전지방법원 공주지원 2017.12.06 2017고합24
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 a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant: (a) was a person who resides near a restaurant operated in E by the victim C (a name) in the outer part of the victim C (a name) and frequently entered the said restaurant for a long time.

1. On January 2015, the Defendant found at the bus stops located in front of the above restaurant at a low time, discovered the victim (7 years old), coming out of the restaurant to take a toilet, and induced the victim to a bus stop by hand, and led the victim to a bus stop. On the bus stop, the Defendant spandeed the victim to the panty of the victim and spandeed the minor under the age of 13.

2. On November 27, 2016, at around 18:46, the Defendant: (a) entered following the victim (at the age of eight) who reported the video with a cell phone in a way that the partitions of the above restaurant were installed; (b) was seated next to the victim to put the hand in the victim’s panty seat; and (c) forced minors under the age of 13 to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Making statements made by victims, stenographic records of interviews with victims, audio-recording files, tape-recording records or recording records;

1. Opinion of experts in statement analysis and summary of the result of statement analysis;

1. Application of the Acts and subordinate statutes governing CCTV images;

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

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [aggravating concurrent crimes for concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (aggravating a minor under the age of 13)];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant's age, environment, and previous conviction].

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