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(영문) 춘천지방법원 속초지원 2014.07.10 2014고합12
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 10, 2014, the defendant was found in the family of the victim C (n, 10 years of age) who was the victim C (n, 10 years of age) with the victim's mother E who had a certificate of alcoholic content, and was in the family of the defendant who was in F in the same city F on the same day at around 10:30 of the same day.

At around 11:00 on the same day, the Defendant: (a) set the bridge of the victim of one fishing vessel intending to return from his house in the above room to prevent him; (b) set up the victim’s bridge in one time, knee, knee, knee, knee, knee, knee, knee, and knee the victim; (c) set up the victim’s knee, knee, knee, and knee, kn up the victim’s chest; (d) set up the victim’s chest into the victim’s chest; (e) knife the victim’s knife, knife the victim’s knife; and (e) 11:20 on the same day, knife the victim’s knife the victim’s knife with the victim’s left side; and (e) made an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement recorded in the video CD;

1. Each police statement of G and H;

1. Statement of the expert opinion of the child sexual assault case;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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