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(영문) 광주지방법원 2015.01.12 2014고합609
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)
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

On December 6, 2014, the Defendant found the victim E (the family name, the 12-year old age) who was divingd on the fourth floor of 'D' located in Seo-gu, Seo-gu, Gwangju, about 05:50 on December 6, 2014, and committed an indecent act against the minor victim under the age of 13 who was under 13 in a state of escape due to the victim's chest and drinking in the body of the victim by inserting the grandchildren back to the victim and inserting them into the body of the victim.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Statement made with respect to F prepared by the assistant judicial police officer, which is appropriate for such statement;

1. Each statement in compliance with the investigation report prepared by the assistant chief of the prosecution branch (report attached to a certified copy of the victim's resident registration), and the investigation report prepared by the assistant chief of the judicial police branch (related to the statement G of a s

1. Application of video-related Acts and subordinate statutes appropriate for any of the stephy shot photographs taken by the suspect AD at the time of committing the crime;

1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act and the choice of imprisonment with labor;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. According to the records, the following facts can be acknowledged according to the grounds for sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order.

1. The Defendant, as well as his family members, committed the instant crime on the so set soup and soup, together with his family members, committed the instant crime.

2. A witness who had observed a criminal act after the crime was committed was aware of the crime, and the mother of the victim was informed of the fact of damage, and the mother of the victim was set up with the defendant who was willing to flee and the police and arrested the defendant on the spot.

3. The Defendant was sentenced to the imprisonment of eight months for the crime of quasi-indecent act in 2003, and was sentenced to the imprisonment in 2007.

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