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(영문) 수원지방법원 안양지원 2017.08.18 2017고합22
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

A defendant shall be punished by imprisonment for ten years.

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

(e).

Reasons

Punishment of the crime

Defendant

In addition, from around 208 to October 2014, the person subject to a request to attach an attachment order (hereinafter “Defendant”) was living together with the victim E (the family name, F birth), and G, the kyer of D from around 2008 to around October 6, 2014. By September 6, 2013, the h 302 of Ansan-gu Mayang-gu Mayang-gu I apartment house 304.

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against minors under the age of 13) the Defendant opened a door in the room of the victim (the age of 10 at the time) who was divingd in H 302, the home of the Defendant, around the new wall of 2013.

The victim was shouldered by sound coming by the defendant, but the victim was able to sleep, and the defendant was aware of the victim's her part and clothes, and was off from the part of the victim's clothes, and went out of the victim's her part and her part of clothes.

Accordingly, the defendant tried to commit an indecent act against the victim by taking advantage of the victim's non-fluence status under 13 years of age, but attempted to commit an indecent act.

In a case where a court recognizes a more minor criminal facts included in the criminal facts prosecuted within the scope recognized as identical to the facts charged, where it is deemed that there is no concern that a substantial disadvantage to the defendant’s exercise of his/her right to defense may be caused by the process of trial in light of the trial, even if the indictment has not been modified, it may recognize ex officio the facts charged as different from the facts charged in the indictment. In light of the process of the hearing of this case, etc., it is deemed that there is no concern that a substantial disadvantage to the defendant is likely to be caused. Thus, without the modification of the indictment, the court recognizes ex officio a crime of violating the Act on Special Cases Concerning the Punishment,

2. A defendant who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an indecent act by force against a minor under the age of 13) shall commit an act under 1.

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