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(영문) 수원지방법원 안산지원 2014.12.19 2014고합329
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

1. The defendant shall be punished by imprisonment for five years;

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

Reasons

Punishment of the crime

Defendant (hereinafter “Defendant”) is a person who operated a “Epublic book” at his home located in D Apartment 109 202 dong 202 when light-baking, and the Victim F (L, 11) is an elementary school student who took a course in the above public book.

On August 11, 2014, the Defendant: (a) around 17:50, the Defendant: (b) opened an official book of the victim who was taking a course on his/her gate; (c) opened a door in the door; (d) opened the victim’s face; (d) opened his/her face in the victim’s face; (e) opened the victim’s face; and (e) opened the victim’s walk in the victim’s face; and (e) opened the victim’s walk in the victim’s chest; (e) opened the two hands in the victim’s chest; (e) opened the victim’s chest; and (e) opened the victim’s chest on several occasions; (e) opened the two hand in the victim’s chest; and (e) opened the victim’s chest. However, the Defendant resisted that the victim “farbed” and continued the victim’s chest with two fingers.

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

Summary of Evidence

1. Defendant's legal statement;

2. Application of Acts and subordinate statutes to record recording of F's statement;

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

2. Order to complete a program under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

3. In full view of the following circumstances: (a) the Defendant appears to have committed the instant crime, as he/she took lessons from himself/herself; (b) there is no record of punishment for sexual crimes; and (c) there is no record of committing the instant crime; and (d) the Defendant’s age, occupation, and family relationship, etc., the registered information against the Defendant.

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