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(영문) 부산지방법원 서부지원 2019.01.10 2018고합168
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is a space between the victim B (the family name, the female, the age of 11) and his family members, who have come to and exchanged.

On May 13, 2018, the Defendant had a mind to commit an indecent act against the victim who was locked together with the Defendant’s children at the lower house of the Defendant of the Seo-gu Busan C apartment D, Busan at the lower house of the Defendant.

Around that time, the Defendant cut a locked with the sound that the Defendant entered, but the Defendant’s snow was knee, knee, knee, knee, knee, with the victim’s knee, knee, knee, and knee, with the victim’s knee. The Defendant’s knick and stop were placed in the mouth of the victim’s knee, and the victim’s knee and stop were unfeled.

As a result, the Defendant attempted to commit an indecent act against a child or juvenile in a state of difficulty to resist due to being diving, but the victim was broken out in diving, so the Defendant attempted to commit an indecent act, and at the same time committed sexual abuse against the child.

Summary of Evidence

1. Defendant's legal statement;

1. B's statement recorded in the video CD;

1. The actual condition survey report;

1. Each request for appraisal;

1. Application of Acts and subordinate statutes to expert opinions on child sexual assault cases under thirteen years of age;

1. Article 7 (6), (4), and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act, Article 71 (1) 1-2, and Article 17 subparagraph 2 of the Child Welfare Act concerning criminal facts (a point of sexual abuse against a child);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning commercial concurrent crimes (a punishment imposed on a crime prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse, which has heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning an order to disclose or notify, or an order to exempt a sexual crime from an employment restriction order, and a child or juvenile.

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