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(영문) 전주지방법원 2018.05.17 2017고합213
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for four years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On June 3, 2017, around 12:18, the Defendant: (a) Dod (Woo, 11) who was frightened at C Park Park Ba-gu, Jeonsan-gu, Jeonju-si, and was aboard the Defendant, had the victim walked to the front wheelchairs who was on board, in order to commit an indecent act against the defective victim; (b) had the victim take aboard the front wheelchairs, carried the victim in the said park, carried the victim in the front wheelchairs, carried the male toilet in the said park, let the victim walk the first column of the said toilet, and followed the victim.

Defendant 1, in the first column of the above male toilet, met the chest of the victim who was in front of the defendant 1 by hand, and met the part of the victim by inserting the defendant's hand into the victim's panty.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

Summary of Evidence

1. Legal statement of witness E;

1. The statement of a victim recorded in each video CD;

1. Entry of the defendant in part in the first trial record;

1. Stenographic records;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to report internal investigation (related to the analysis of CCTVs in the case);

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

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the fact that the defendant has no past criminal record, the defendant's distorted sexual impulse revealed through the crime of this case is expected to be considerably improved by the principal sentence and execution of incidental disposition imposed on the defendant, and other disadvantages that the defendant entered due to the defendant's age, family environment, social relationship, occupation, the course and result of the crime of this case, and disclosure order.

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