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(영문) 대전지방법원 천안지원 2013.05.15 2013고합70
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On March 2, 2013, at around 15:50 on March 2, 2013, the Defendant, at the Defendant’s house located in the Dong-gu, Dong-gu C304, tried to commit a crime against children who are likely to have a woman’s sexual organ created by desire to talk with the child who is easy to control, and displayed the target of indecent act by force.

At around 16:40 on the same day, the Defendant finds out the victim G (n, 12 years of age) who was flicked in and near the F located in Dong-gu, Dong-gu, Dong-gu, Chungcheongnam-gu, and prevents the victim from being flicked, followed by the victim, and h-be in the same Dong, led the victim to be flicked on the part of the defendant's body, leading the victim to the h-bed on the floor, leading the victim to the h-be in the same Dong-gu, leading the victim on the upper part of the defendant's body, she talks with the victim "I am h

D. A threat to “I am entirely, I am dead,” and prevented the victim’s face two times as drinking, and the victim’s face five times as drinking, and the victim’s face five times as drinking.

As above, the Defendant forced the victim to commit an indecent act by inducing the victim’s resistance, and walking the victim’s school uniforms, forced off the panty and panty, putting the knick and panty into the panty, leaving the knty, and committing an indecent act by force. As a result, the victim suffered injury, such as an unknown braking, etc., for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The statements made by the police video camera with regard to G;

1. Images of CCTV photographs;

1. Descriptions of the medical certificate of injury and application of visual Acts and subordinate statutes to images of the injured part of the victim;

1. Relevant Articles 8 (1) and 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 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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