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(영문) 광주지방법원 목포지원 2014.07.10 2014고합56
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)
Text

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

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

At around 04:00 on May 5, 2014, the Defendant discovered the victim E (n, 8 years old) who was divingd from a so set set set of D in Mapopo City C, a so set of soup.

The Defendant was in mind of inducing the victim to force indecent acts by force, and exceeded the victim’s upper and lower parts by putting the victim’s upper and lower parts up, by hand, the victim’s chest and her fat in order to put the victim’s fingers into the part of the victim’s sound, but the victim was her body behind the victim’s body and did not have the victim’s shoulder or its intent.

Accordingly, the defendant had attempted to put the victim's fingers into the victim's sexual flag by taking advantage of the victim's state of non-performance to resist under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing the recording of statements to E;

1. Articles 15 and 7 (4) and (2) 2 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. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

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

1. In the event that the criminal facts indicated in the decision on the registration of personal information are found guilty, in full view of the Defendant’s age, family environment, social relationship, criminal record, and the risk of recidivism (no history of criminal punishment as a sexual crime), and other various circumstances, such as the benefit and preventive effect expected by the disclosure order or notification order, and disadvantage and side effects, etc., the Defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, since the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the same Act.

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