(영문) 광주지방법원 2015.01.23 2014고합529

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2015.01.23 2014고합529

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Defendant

On November 1, 2014, the person subject to a request for attachment order (hereinafter referred to as the "defendants") forced the victim to be out of the victim's breath and panty typ, and forced the victim under 13 years of age by entering the victim's breath in the warehouse room of the defendant's residence located in Gwangju Northern-gu C and 2, Gwangju, and on his 11:20, and on the other hand, 8 years of age). The victim stated that "the victim is off, off, and be out of the clothes, he is forced to be off," and the victim said that the victim does not want to do so from the drinking victim, while she forced the victim to sit off buckbucks of the victim, and forced the victim to be 13 years of age as soon as possible.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Statements made to the victim from among the video recordings made to the victim;

1. Each statement made by the assistant judicial police officer in relation to D and E, which fit for such written statement;

1. Application of the Acts and subordinate statutes written in conformity with a certified copy of resident registration for the victim;

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;

1. According to the records, the following facts can be acknowledged according to the reason for sentencing of the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

1. The Defendant committed the instant crime by leasing the second floor of the victim’s outer father-parent’s building, and committed the instant crime by moving the victim’s hand to the Defendant’s residence by taking away the victim’s hand, who was living on the first floor of the victim, without being able to fright up, and was playing on the first floor of the son, and preventing the victim from going to fright, and committed the instant crime.

2. After committing the crime, the Defendant reported the victim’s death relationship to the police and arrested him as a flagrant offender.

The victim and the parents of the victim shall be the defendant.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제7조 제3항

-아동ㆍ청소년의 성보호에 관한 법률 제21조 제2항

-형법 제298조

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