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(영문) 서울북부지방법원 2017.12.01 2016고합553
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

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

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 15:00 on June 20, 2015, the Defendant: (a) exceeded clothes from his house of Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, 304, 303, and was in a toilet to take a bath; (b) the Defendant’s son D was trying to play with the Defendant’s finger D, while playing with the Defendant’s finger D, the Defendant was able to play with the wind, and the Defendant’s son was the victim E (at 10 years of age) who is a disabled person of Grade 3 with intellectual disability who was seated in the front infant, and was seated with the victim’s right kne on the floor, and kne kne over the victim’s left kne, and forced the victim to drive the victim’s left arms toward her gender.

As a result, the defendant committed an indecent act on the victim of the third degree of intellectual disability who is a minor under 13 years of age.

Summary of Evidence

1. Each investigation report (in addition to field photographs, a written statement of a teacher who has a special class, a recording date of counseling contents, and an explanatory note of school violence);

1. Recording recording recording recording recording;

1. Stenographic records;

1. A certificate for disabled persons;

1. Application of the Acts and subordinate statutes on video CDs and video recording CDs;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (the fact of forced indecent conduct against minors under the age of 13), Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (the fact of forced indecent conduct against the disabled persons);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Fully considering the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse: (b) the Defendant’s age, occupation, family environment, social ties, criminal records (no record exists), and the risk of recidivism; (c) the effect expected by an disclosure order or notification order; and (d) the disadvantages and side effects therefrom.

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