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(영문) 의정부지방법원 2014.08.20 2014고합129
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On May 2, 2008, the Defendant was sentenced to five years of imprisonment with prison labor for murder and attempted murder at the District Court, and on February 24, 2009, the Defendant was sentenced to four months of imprisonment with prison labor for murder in the Jinwon District Court’s Jinju Branch on February 24, 2009, and completed the execution of the sentence in the Ginnan Prison on February 8, 2013.

Around January 3, 2014, when the Defendant, under the influence of alcohol, lacks the ability to discern things or make decisions, the Defendant she gets out of the victim E (the age 8) who she had drinking while drinking together at the DPublic Announcement Board 6 room, which is the Defendant’s residence in Guri-si, the Defendant Dari-si, and her friencing of drinking, brought about the victim’s grandchildren who had been running smartphone game on the side of his her friend, while under the influence of alcohol, she was forced to have the victim’s her frith and her frith, and her frith and frith, she committed indecent acts by force against the victim under the age of 13.

Summary of Evidence

1. Partial statement of the defendant;

1. The result of the fact-finding inquiry into the F Hospital of this Court;

1. The statements and stenographic records made by the victim E in the victim's video recording CD;

1. Protocol of the police statement concerning G;

1. A report on investigation and an investigation report (H telephone investigation of shots);

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (attached to judgments), and Acts and subordinate statutes;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with prison labor;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Sentencing Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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