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(영문) 서울북부지방법원 2018.07.06 2018고합85
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

On February 22, 2018, around 12:30 on February 22, 2018, the Defendant stated the victim E (in the indictment of 12 years old as “11 years old,” but in the indictment of 12 years old, the Defendant appears to be a clerical error in “12 years old,” and thus ex officio correction is made).

D's behavior is the same, and women are selly seld.

"I am I am I am I am I am, I am I am I am I am hyth of the victim's clothes, write and ram I am I am kyth of the victim's chest, and 2 to 3 times of the victim's chest.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The statements made by the victim in video recording CDs (No. 3 No. 5 of evidence list), and video recording CDs recorded in the victim;

1. Application of Acts and subordinate statutes governing recording records;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Determination on the assertion by the Defendant and his/her defense counsel under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The Defendant’s summary of the assertion “act is the same as that of a woman, and becomes female.”

It refers to "no one who spars the victim," and there is no fact that the victim was spared with his/her clothes, and the chest was surbling with his/her chest, but merely it did not constitute an indecent act against the victim by surbling him/her with good pressure.

2. Comprehensively taking account of the following circumstances revealed by the evidence revealed earlier, the Defendant’s act, as stated in the facts constituting the crime, i.e., “as indicated in the Defendant’s judgment, becomes female.”

“Absparly,” and “Absparly, the victim was spared with her clothes intentionally in the victim’s clothes.”

full recognition may be accepted.

Therefore, the defendant and his defense counsel.

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