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(영문) 전주지방법원 2018.11.29 2017고합230
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

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

(e).

Reasons

Punishment of the crime

Defendant

In addition, the claimant for the attachment order (hereinafter referred to as the "defendant") came to know that he/she attends a church, such as the victim B (here, C).

1. From September 2015 to November 11, 2015, the Defendant: (a) from the public toilets of the churches located in Seojin-gu, Chungcheongnam-gu; and (b) from the victim’s panty line, the Defendant sent a sound book by inserting the hand.

2. From September 2015 to November 201 of the same year, the Defendant applied for amendments to the indictment with the purport that “in the house of the second floor of the above church,” the part of the “in the house of the defendant with the second floor of the previous church D and E” on the trial date four times on the first day of the previous trial, the Defendant applied for amendments to the indictment with the purport that “in the house of the defendant with the previous city D and E”, and this Court permitted this.

In full view of the facts, etc. of the instant case from the Defendant’s room, it is reasonable to ex officio correct the part “on the bottom of the Washington, while playing a hidden play with the victim, etc.” by considering the facts of the instant case from the Defendant’s room. It does not seem that even if the correction was made without the amendment process, it would result in a substantial disadvantage in the Defendant’s exercise of the right of defense. As such, the criminal facts are corrected and recognized.

When the victim is hidden together with the victim, the victim's panty was put into the victim's panty, and the victim's panty became sound.

3. From September 2015 to around November 2015, the Defendant: (a) placed the F Apartment-gu F apartment site in the Jeonjin-gu Seoul Metropolitan City around the same year with the victim in a panty line with the victim in a spanty line; and (b) placed the hands in the panty line with the victim.

Accordingly, the defendant committed an indecent act against minors under the age of 13 over three times.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. The statement of a victim recorded in video recording CDs;

1. Stenographic records;

1. Investigation report (Attachment of expert's opinion on a child indecent act case);

1. A report on internal investigation (victim;

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