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(영문) 전주지방법원 군산지원 2017.10.27 2017고단495
미성년자의제강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. From July 2014 to August 8, 2014, the Defendant: (a) at the D cafeteria located in Yasan-si C around July 17:30, the date from July 2014 to July 8, 2014; (b) at the D cafeteria located in Yasan-si C, the Defendant was able to put the Defendant’s grandchildren into the Defendant’s panty, wherein the Defendant was locked and was able to write down once.

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

2. On October 2014, the Defendant committed the crime at around 16:00 to 17:00 on the date of October 2014, 2014, carried the victim E (the victim E) from the cargo vehicle owned by the Defendant, and moved the victim E from the D restaurant specified in paragraph 1 to the small sand shed located in the Jeollabuk-si in Jeollabuk-do, Jeollabuk-do. On the other hand, the Defendant carried the victim and the tension game to take the source of the tension. On the other hand, the Defendant was able to bring the Defendant’s hand into the victim’s pantyty, and the Defendant collected the Defendant’s hand into the victim’s pantyty, and 3-4 doored the victim’s sound.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. Stenographic records;

1. Application of the written opinion statutes;

1. Articles 305 and 298 of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order [Scope of Recommendation] are more favorable in light of the following: (a) there is no basic area (8 to 2 years) of the sex crimes subject to the age of 13; (b) there is no person subject to special sentencing [decision of sentence] (a person subject to special sentencing] (a person subject to criminal committed for a victim in pro-friendly relationship; (c) the victim of the child’s age was mentally and highly shock; and (d) there is no agreement with the victim; and (e) there is no record of the same crime against the defendant; (b) there is no record of the crime committed by the victim; and (c) there is a conflict with the wrong.

It shall be sentenced to eight months of imprisonment by taking into account the methods, degree, frequency, etc. of the above sentencing factors and indecent act.

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