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(영문) 대구지방법원 경주지원 2012.10.19 2012고합76
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)
Text

A defendant shall be punished by imprisonment for eight years.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

The Defendant, along with the Defendant’s wife, operates the “D Child Care Center” in the Si of racing, is in charge of the operation of the school and its staff, after-school students, and the management of the facilities.

On April 2012, 2012, the Defendant laid down the Defendant’s fingers into the victim F (age 3) who was seated in a mixed toilet, and laid down the Defendant’s booms, and laid down the Defendant’s booms into the victim’s booms.

Accordingly, the defendant committed an act of inserting sexual organ into the victim's mouth by taking advantage of the victim's state of non-performance of mental expression and judgment ability.

Summary of Evidence

1. Each legal statement of a witness G, H, I, and J;

1. Each police statement of G and H;

1. Investigation report (statements and analysis experts' opinions) (written opinions of children's behavior);

1. Investigation report (a CCTV recording data which the victim has kept a toilet): - an output of a photograph;

1. A criminal investigation report (a report on psychological assessment for a victim) - a psychological evaluation report;

1. Records in each protocol;

1. Application of the Acts and subordinate statutes to video recordings (ROMs and victims F);

1. Article 7 (4) and (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

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

1. Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose;

1. Where a conviction is finalized on the crime of this case involving the registration of personal information under Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information under Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the Defendant is obligated to submit personal information to the competent authority pursuant to Article 34 of

2. Dual Lives

1. Scope of punishment by law: Seven to thirty years of imprisonment;

2. The types of recommendations according to the sentencing criteria.

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