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(영문) 전주지방법원 2019.10.31 2019고합182
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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

At around 02:00 on March 5, 2019, the Defendant: (a) knew of the fact that the Defendant’s home located in the territory of the Defendant in the territory of the U.S., the Victim C (the name of the Defendant, the age of 12) of his or her father’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

Accordingly, the Defendant committed an indecent act by force against a minor victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement;

1. Report on the results of appraisal of victims' evidence (2019-W-1259);

1. Application of Acts and subordinate statutes to a criminal investigation report (the attachment of a picture by a victim), a criminal investigation report (the conformity between male genes detected in the clothes of the victim and the genes of the suspect);

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant’s distorted sexual impulse revealed through the instant crime is expected to be significantly improved by the enforcement of the principal sentence and incidental disposition imposed on the Defendant; and otherwise, the Defendant’s age, family environment, social relationship, occupation, and history and consequence of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by the disclosure order; the prevention effect of sexual crimes that may be achieved therefrom; and the victim of sexual crimes.

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