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(영문) 부산지방법원 2014.05.16 2014고합19
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

1. On December 8, 2013, the Defendant: (a) discovered that the victim D (in women, six years of age) play at the Busan P.M. P. P. P. P. P. Busan P. P. P. P. P. P. P. P. P., the Defendant induced the victim to commit an indecent act; (b) thought that the victim “a person in the roof” was “a person in the roof”; and (c) laid down the victim on the fifth floor of the C. P. P. C.

Accordingly, the defendant enticed the victim for the purpose of indecent act.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by force) on December 17, 2013, on the fifth rooftop of the above Creshion 5th, around December 17, 2013. As above, the Defendant induced the said victim to be off from the will and lower parts of the victim, and prompted up with the Defendant’s entry.

Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The statement made in D in the video CD;

1. Application of Acts and subordinate statutes to each investigation report (No. 8 and 11 No. 11)

1. Relevant legal provisions concerning facts constituting an offense, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Article 298 of the Criminal Act (the occupation of indecent act by compulsion of minors under the age of 13 and the choice of imprisonment), and Article 288 (1) of the Criminal Act;

1. From among concurrent crimes, the former part of Articles 37, 38 (1) 2, and 50 of the Criminal Act (within the scope of adding up the long-term punishment of the crimes above two crimes)

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose;

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 50(1)1 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The five-story rooftop, which is the place of crime of indecent act by indecent act in the judgment of the court below, is related to the inducement of indecent act by indecent act in the summary of the argument.

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