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(영문) 전주지방법원 남원지원 2018.02.22 2017고합19
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

To order the accused to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is the father D of the victim C (n, 13 years old) who is the disabled of the third degree of intellectual disability.

At around 02:00 as of July 2016, the Defendant: (a) laid the victim’s body at the home of the victim C (at the time, 12 years of age) located in Yong-si, Namwon-si, waiting together with the Defendant; and (b) laid the part of the victim’s body in the driver’s seat with the Defendant’s seat where the said Defendant was aboard, and opened the part of the victim’s left chest on the driver’s seat, seated on the part of the victim’s seat with the Defendant’s seat, seated the victim’s knee and kne, sited off the Defendant’s will and clothes toward the driver’s seat, putting the victim’s body off, her part of the part of the victim’s body 7 to 8 times, and committed an indecent act by coercioning the victim’s body by force.

Accordingly, the defendant committed an indecent act by force against the victim who is a disabled person under the age of 13.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of victims;

1. Copy of the police statement made to F;

1. Application of the Acts and subordinate statutes to report internal investigation (specific suspicions, field photographs, etc.), internal investigation reports (Attachment to certificates, etc. of victims C disabled persons), investigation reports (related to photographing the place of crime), and accompanying documents;

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 (a crime committed by compulsion against a minor under the age of 13), Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act on the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (a person who commits an indecent act by a minor under the age of 13));

1. Selection of alternative abandonment of punishment;

1. Articles 53 and 55(1)3 of the Criminal Act (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;

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