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(영문) 대구지방법원 경주지원 2018.12.06 2018고합42
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 the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant was a person who was living in the residence of the victim (the 8 years old at that time) and B from July 2015 to February 2017, the Defendant was living in the area of B located in the Busan Jin-gu Seoul apartment complex C, Busan.

1. On September 2015, the Defendant committed the crime at around September 2015, 2015, to reduce 1,000 won to the victim (the age of eight at that time), and to the victim (the age of eight at that time).

"A kisck was forced to enter a victim who refused to kisck."

2. On December 2016, the Defendant committed a crime around December 2016, 2016: (a) opened TV in his/her residence; (b) opened TV by hand; (c) opened a kisck to Defendant by putting the left side of the victim (the age of 10 at that time) who was fuckbucks; and (d) forced the victim to kisck on the part of the victim; and (c) laid the Defendant into the victim’s entry.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigation report (the victim, leisure, and video recording on the age of 11); - Video recording CDs;

1. Stenographic records;

1. Investigation report (Attachment of expert’s written opinion on a child’s indecent act case - Application of statutes governing expert’s written opinion on the same sexual indecent act case;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof, and Article 298 of the Criminal Act;

1. Aggravation of concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [an aggravated punishment for concurrent crimes provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes as stated in paragraph (2) of the said Article (Indecent Acts by Minority under 13 years of age)];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. The proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure orders and notification orders;

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