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(영문) 수원지방법원 성남지원 2016.01.12 2015고합108
강제추행
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On April 10, 2014, the Defendant was sentenced to three years of imprisonment and five years of suspended execution, and the judgment became final and conclusive on April 18, 2014, for the following reasons: (a) a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape, etc. of Persons with Disabilities) in support of the Sung-nam

【Criminal facts】 While the Defendant was in the Defendant’s house located in Seongdong-gu, Sungnam-si, Sungnam-si, 2010, together with the victim D (at that time 14 years of age) and the victim E (at that time 15 years of age), he/she promptly changed the victim D to his/her sexual organ, but the victim refused it.

The death will be discarded.

“Absently, the Defendant’s sexual organ was collected in the entry of the victim D, and the victim E “I am a cigarette smoking and self-defense at the night, and I am a question to the school.”

The term "closion" refers to a kitchen knife in the victim's side gate and then inserting his sexual organ into the victim E's resistance, which is fluent by threatening the victim's side gate.

Accordingly, the defendant committed an act of inserting sexual organ inside the mouth of the victim D, which is a juvenile, and put a sexual organ into the inside of the victim E's resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (suspect's written opinion and attachment of judgment);

1. Article 7 (2) 1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012) on the relevant criminal facts [the upper limit of punishment shall be 15 years of imprisonment with prison labor for the main sentence of Article 42 of the former Criminal Act (wholly amended by Act No. 10259, Apr. 15, 2010)];

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Article 50) of the Criminal Code of the Aggravated Punishment for Concurrent Crimes.

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