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(영문) 수원지방법원 안산지원 2013.10.11 2013고합169
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant committed the following crimes under the influence of alcohol, which lacks the ability to discern things or make decisions.

1. On May 21, 2013, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under the age of 13) discovered that the victim D (a female, 10 years of age) has completed school lessons and returned home on the front side of the Dong-gu, Ansan-si, Ansan-si, and caused the victim to have his/her desire to do so gradually, and committed an indecent act by force on the part of the victim's right chest and the part on the part of the victim.

2. Indecent acts by compulsion;

A. At around 15:05 on May 21, 2013, the Defendant: (a) discovered that the Victim F (F) returned home on the front side of the members of Ansan-si, Ansan-si, the Defendant committed an indecent act by coercioning the Victim F (F, 31 years old); (b) brought the Victim back to the Defendant’s face; and (c) raising the Victim’s face to the Defendant’s face by hand.

B. On May 21, 2013, the Defendant found on May 21, 2015, the victim H (n, 21 years of age) led his/her baby at the front side of the member G in Ansan-si, Ansan-si, and committed an indecent act by force on the part of the victim by driving the victim’s left chest with his/her hand.

Summary of Evidence

1. Each legal statement of the witness H and F;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each police statement made to H and F;

1. A statement made by D in the video CD (the sequence 35 of the evidence list of the prosecutor);

1. Each statement and each statement of H and F (the list of prosecutor evidence Nos. 11, 13);

1. Application of Acts and subordinate statutes to a map eight copies, relevant photographs, one copy of a report on the result of a mental appraisal, and notification of the result of a mental appraisal (A);

1. Relevant legal provisions concerning criminal facts and Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act (the occupation of indecent act by compulsion under paragraph (1) at the market, choice of imprisonment), Article 298 of the Criminal Act (the occupation of indecent act by compulsion under paragraph (2) at the market, and choice of imprisonment, respectively);

1. Legal provisions;

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