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(영문) 광주지방법원 장흥지원 2015.04.28 2015고합4
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is the father of the victim C (V).

On January 19, 2015, the Defendant: (a) stated that the parents of the Defendant, the parent of the Defendant, who is his mother, in Jinjin-gun, Jinnam-gun, should educate the Victim C (the 7 years of age, 7 years of age, and 5 years of age) who is his father at the inside of the house, and second his father F (the son, 5 years of age), and instructed the victim, who is staying outside the bridge, to promptly leave the bridge, and was sitting up, to prompt the Defendant’s sexual organ; and (b) ordered the victim to sit up the leg and sit up on the front side of the Defendant’s bridge.

Accordingly, the defendant, by force, committed indecent acts by inserting sexual organ inside the body of the victim under 13 years of age such as mouth.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. C and F stenographic records, each statement recorded CDs;

1. Expert opinion;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (afforesting prepared at the time of recording statements);

1. Article 7 (5) and (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The purpose of the disclosure and notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is to enable local residents to forecast their access to a sex offender against a child or juvenile and prevent a situation in which a crime may occur by notifying local residents of the disclosure of personal information about the sex offender against a child or juvenile. In light of the fact that the Defendant did not commit an offense against an unspecified victim, but committed an offense against his/her father, and there is no other criminal history, the disclosure and notification order is not profitable, and the victim’s personal information as his/her father is the personal information.

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