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(영문) 수원지방법원 성남지원 2017.05.18 2017고합20
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is a person who resides adjoining to a multi-household, such as a victim C (a family name, leisure, 6 years old), a victim D (a family name, leisure, 9 years old).

On June 17, 2016, the Defendant found out a stormtoma on the rooftop of a multi-household house in which the Defendant, and victims live in Seongdong-gu, Sungnam-si around the o'clock on June 17, 2016, and found the victims who are playing, and the victims C are “hick Gu”.

“Along with the victim’s body,” the body of the victim D, which was written next to the victim’s body, was laid in, and the victim’s hand was placed in the victim’s clothes.

In addition, the defendant told the victims that "I will am stronger, I will do so" while leaving the victims to the residence of the defendant in the same building 302, and then leaving the victim C with the defect that "C is difficult to see," leaving the victim C to the toilet, show the defendant's will and panty, show the defendant's sexual organ to the victim C, and "bre", and let C talk with the victim's sexual organ by hand, let C talk with the victim's sexual organ, keep the victim D's hand kn's hand and kn't kn't with the victim D's body, and kn't the defendant's sexual organ after leaving the victim's sexual organ against the defendant's will and kn't panty.

In addition, the victim D has become a part of the victim D.

Accordingly, the defendant committed an indecent act by force against a person under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to stenographic records (the details of statements made by the victim) against the victim C and D;

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: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes prescribed in the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims C with heavier punishment (the indecent act by a minor under 13 years of age)];

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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