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(영문) 광주지방법원 순천지원 2018.04.05 2017고합286
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 the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On August 25, 2017, at around 22:47, the Defendant found the victim F (8 years of age) of E, who was hospitalized in the same hospital at the time when he/she was seated in the front of the D Emergency Hospital C, and decided to have the victim enter the guardian waiting room to commit an indecent act against his/her female, and let him/her leave the room.

At the same time, the victim's bucks and bucks with his hand and caused the victim to cover his bucks and bucks with his hand.

On the same day, the Defendant continued to enter the victim into the blood collection room around 23:18 on the same day, and made the victim open the room to the victim, and her son jum with her hands her block, and her block was her hands off on the victim’s hand, so that the victim was her part of the victim’s her hand.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. Stenographic records (the details of the victim F statement);

1. Application of Acts and subordinate statutes governing field evidence photographs;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the special circumstance against which the defendant shall not disclose or notify his/her personal information is acknowledged, where he/she comprehensively takes into account the defendant's age, environment, degree of recidivism, degree of risk of recidivism, the degree and anticipated side effects of the defendant's disadvantage due to the disclosure or notification order, and the prevention effect of sexual assault crimes subject to registration that may be achieved therefrom, including the absence of the defendant committed the crime before the crime in this case

Reasons for sentencing

1. Sentence of a punishment by law;

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