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(영문) 수원지방법원 평택지원 2016.02.03 2015고합148
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall complete 80 hours of sexual assault treatment program.

Reasons

Punishment of the crime

【A criminal record-related criminal defendant was sentenced to imprisonment with prison labor for at least eight months in Suwon District Court on November 26, 2014 due to an attempted larceny of a structure intrusion at night, and completed the execution of the sentence on June 15, 2015.

【Criminal Facts】 The Defendant was an external third village of the victim C (V, 6 years of age). The mother of the victim and the victim (the Defendant’s her her her her her her her her her her her her her her her her her her her her her her her

On August 25, 2015, when the defendant lacks the ability to discern things or make decisions due to mental disorders of class 2 of intellectual disability, around 13:20 on August 25, 2015, the defendant committed an indecent act against the victim, who was playing in the room D 103 of Pyeongtaek-si, which is the defendant's residence, by taking off the victim from walking the victim's primary skin, by taking three parts of the victim's knife with his knife, and forced him to commit an indecent act by assault.

Summary of Evidence

【Criminal Facts】

1. Statement made by the defendant in this court;

1. Entry of stenographic records made by the victim on November 29, 2015, in the document of Stenographic Company E;

1. Statement of the mother’s preparation of the victim;

1. Investigative report (in case the suspect's motherF witness is involved) prepared by the police;

1. To report internal investigation by the police and to notify each department related to the report of the case of 112;

1. Statement of the statement assistant in the preparation of his family report; and

1. Statement on December 17, 2015 in which the analysis of the statement of a victim of sexual assault against a child or a disabled person is prepared by H, written opinions of experts in sexual assault against a child or disabled person;

1. Each certified copy of the resident registration card (Evidence No. 107, No. 204 of the evidence record), each family relation certificate (Evidence No. 108, No. 205 of the evidence record), and each description of the certificate of a disabled person (Evidence No. 206 of the evidence record);

1. Each entry of the status of personal identification and acceptance of each prosecutor's office, and a report on the results of confirmation of the previous conviction of each disposition;

1. Statement of response to police preparation;

1. Application of the Acts and subordinate statutes stating the written decision;

1. Punishment of sexual crimes provided for in the relevant Act against crimes;

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