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(영문) 광주지방법원 해남지원 2014.06.05 2013고합39
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)
Text

Defendant

B A person shall be punished by imprisonment for three years.

However, with respect to Defendant B, the above punishment shall be imposed for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B around April 2010, at one’s own house located in the F of the Navy, the victim G (V) who is a computer in a small room is a large room, followed by a bridge and a bridge, and caused the victim to be placed on one’s side and off the panty, and added the victim’s sound to the part and the finger.

Accordingly, Defendant B committed indecent acts by force against the victim under 13 years of age.

Summary of Evidence

1. Defendant B’s legal statement

1. Application of each statement recording CD-related statute to the police of the victim G and the prosecution;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Articles 4 and 21 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 11572, Dec. 18, 2012);

1. Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) [Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10260, Apr. 15, 2010) and Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); however, Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse shall apply since the date and time of crime at the market was between April 20 and May 2010]

1. An order to notify a sex offense against a child or juvenile exempt from an order to notify shall be possible only to commit an offense after January 1, 201. As in this case, a sex offense against a child or juvenile shall be punished against the former sexual crime and the protection of victims thereof.

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