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(영문) 서울서부지방법원 2014.04.01 2013고합365
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person living together with C from May 2004 to February 28, 201, and the victim D (Many, Aug. 1, 1996) and E (Many, Dec. 1, 1997) are children born between C and Jeonnam.

1. The Defendant, on December 21, 2009, committed an indecent act by force against the victim E (the age of 12) who is a juvenile, committed an indecent act by force against the victim E (the age of 12 at that time) of the same child, and by coercioning the victim E (the age of 13) of the same child, while having been in charge of the victim D(the victim 13 years at that time) with the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her she

2. The Defendant, in violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (a minor rape, etc. under thirteen years of age), committed an indecent act by force on January 1, 2010 by a victim under thirteen years of age, including, but not limited to, the victim E (n't, the victim E (the age of 12 at that time) who was divingd with his/her fingers, including his/her fingers, and taking care of his/her chests.

Summary of Evidence

1. The entry of witnesses C and D in the second trial records, and the entry of witnesses E in the third trial records;

1. Each statement of the police preparation C, D, and E;

1. Application of Acts and subordinate statutes to investigation reports (the results of an appraisal of the victim's statements, replys to the results of psychological evaluation, results of analysis of the victims, results of analysis of each statement in D and E, accompanied by a record);

1. Article 7(2) of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 9765, Jun. 9, 2009); Article 298 of the Criminal Act (wholly amended by Act on the Protection of Children and Juveniles against Sexual Abuse), Article 298 of the Criminal Act (the point of indecent act by compulsion against victim D; the choice of imprisonment: Provided, That the upper limit of punishment shall be the same; hereinafter the same shall apply) of the former Criminal Act (wholly amended by Act No. 10259, Apr. 15, 2010);

/ Each sexual crime shall be punished, etc. in accordance with the main sentence of Article 42.

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