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(영문) 광주지방법원 목포지원 2013.03.28 2012고합233
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

At around 03:50 on August 4, 2012, the Defendant: (a) placed in front of a restaurant with “E” located in Sinpo City D on the front of the victim F (the age of 12), G, the mother, was not corrected; (b) placed in front of the said vehicle, and the victim was locked on the rear seat of the said vehicle; and (c) entered the vehicle into the vehicle, stating, stating, “I am her, if I am her, I her her her son?” while the victim her hand her hand her hand her hand over three to four times even though I her was her hand, the victim her chest was her mother, and the victim her hand her son was forced to do so by committing an indecent act against the victim; and (d) her her son was repeatedly put into the victim’s her son by forcing the victim to do so.

Summary of Evidence

1. Part of the statement made by witnesses G in the first trial record;

1. Part of the statement of witness I in the third protocol of the trial;

1. Protocol of inspection by this Court;

1. Part of the statement made by the victim F in the second protocol of the trial;

1. Application of investigation reports (on the spot areas and CCTV security), and application of Acts and subordinate statutes to investigation reports (on the site drawings);

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. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. The conviction of a sex offense against a child or juvenile who has registered personal information under Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be finalized;

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