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(영문) 부산지방법원 서부지원 2018.06.07 2018고합75
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes, etc. by minors under the age of 13) led the Defendant to go home on December 27, 2017, when the Victim C (V, 12 years old) residing in the Infant Care Center and entered the entrance of the Defendant’s residence in Busan Northern-gu D and the second floor.

At around 20:00 on the same day, the Defendant changed his food television channel to adult broadcast in mind that he commits an indecent act against the victim who reported the television in the above residential room, and referred to as "the victim who returned to the wall left right by leaving the wall right place, lying the victim in a correct place, putting him in a hand inside the victim's inner part, putting him on his chest, and her chest, and the victim does not refuse to do so.

Even though "the victim does not want to do so", he/she included his/her hand in the part of the victim, and the victim does not refuse to do so.

The term "the defendant's head was sealed by hand," and the defendant continued to put the victim's name into the court and as soon as the victim's chest was raised.

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

2. On December 27, 2017, the Defendant violated the Act on the Protection and Support of Missing Children, etc.: around 17:30 on December 27, 2017, when the victim C (V, 12 years of age) residing in the childcare center located in the Defendant’s residence located in the Busan Northern-gu D and the second floor of the Busan Northern-gu, left the Defendant’s residence and left the Defendant’s residence after going to the latter after going to the latter after going to the latter, and on the following day, the victim left the Defendant’s residence until the Defendant went to the Defendant’s residence, and protected the missing child without any justifiable reason, without reporting to the head of the police office.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement contained in video recording CDs;

1. Statement assistants' reports and expert opinion on child sexual assault cases;

1. A survey report on actual conditions;

1. A copy of the sheet of individual counseling;

1. CCTV photographs for crime prevention against vehicles frequently;

1. A report on internal investigation (a detailed statement of return from home, such as missing children, shall be attached);

1. A report of internal investigation (No. 113, face-to-face, 113).

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