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(영문) 수원지방법원 안산지원 2015.05.15 2014고합411
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

1. The defendant shall be punished by imprisonment for three years;

2. An order the accused to complete a sexual assault treatment program for 80 hours;

Reasons

Punishment of the crime

At around 16:00 on September 18, 2014, the Defendant: (a) Dadd the victim D (n, 9 years old) who was going to look for a bank on the upper-gu Kaletlet on the roof of Ansan-si, Ansan-si; (b) Dad the victim's shoulder with one hand; and (c) Had the victim's chest with another hand.

Accordingly, the defendant committed an indecent act by force against a person under 13 years of age.

Summary of Evidence

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

2. Stenographic records of D statements;

3. Application of Acts and subordinate statutes to professional opinions of sexual assault cases against children with disabilities;

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

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

3. Order to complete a program, etc. under Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

4. In light of the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant seems to have committed the crime of this case in a dynamic manner, the fact that there is no record of punishment due to sex offense, the victim's personal information may be known to the surrounding persons if the summary of the crime of this case is disclosed or notified to the public, and other circumstances revealed in the arguments, such as the defendant's age, character and conduct, environment, family relationship, etc., when comparing the profits and preventive effects expected by the disclosure or notification order of the registered information of the defendant, and disadvantages and side effects therefrom, the defendant's personal information shall not be disclosed) and the defense counsel's assertion

1. The summary of the assertion is that the defendant commits an indecent act against the victim as stated in the judgment.

2. In full view of the following circumstances revealed by the evidence adopted and examined by the court.

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