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(영문) 의정부지방법원 고양지원 2014.08.14 2014고합13
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 October 26, 2013, at around 22:00, the Defendant Da (the first grade of the intellectual disability, 11), D (the friendship of the Defendant), E (the mother of the victim), F (the wife of the Defendant), G (the wife of the victim), H (D), I (G), and two self-styles of the Defendant, and entered D, E, F, G, and G singing as the house of D, E, F, and G 313, Gyeyang-gu J apartment 2 Dong 313, Gyeyang-gu, Yangyang-gu, Yangyang-gu.

From October 26, 2013 to 03:00 on the following day, the Defendant continued to talk with the victim despite the Defendant’s refusal to read “Ie the victim’s knick at the inside of the said D’s residence,” by reporting the locked victim’s mind to force indecent act by force, by inserting his hand into the victim’s kis and panty, and by inserting his hand into the victim’s panty, the Defendant continued to talk with the victim’s knive part despite the Defendant’s refusal to read “Ie the knive.”

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. Each legal statement of the witness F and K;

1. Partial statement of the witness H in the court;

1. Stenographic records;

1. Investigation reports (on-site photographs), investigation reports (reports on psychological and evaluation of victims);

1. The written opinion of experts in sexual assault cases against children and persons with disabilities, and the application of statutes on victim welfare cards to the scene by the victim;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Article 298 of the Criminal Act, the selection of imprisonment for a limited term;

2. Article 53 or 55 (1) 3 of the Discretionary Mitigation Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the sentencing):

3. The defendants under 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 who were exempted from an order to disclose or notify shall have no record of criminal punishment for sexual crimes before the crime in this case is committed, and the defendants shall be contingent.

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