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(영문) 부산지방법원 2017.07.14 2010고합186
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

From October 18, 2007 to September 18, 2008, the Defendant living together with D, the mother of the victim C (the 12 years old at that time).

On January 1, 2008, the Defendant, at around 00:00, committed an indecent act by force against the victim under 13 years of age, by inserting the gaps in the defendant's house located in Busan Young-gu E, in front of the victim's side where the victim was able to view other television, by inserting his fingers, and continuously inserting his fingers into the part, and by inserting his fingers into the part of the victim, panty, the Defendant forced the victim under 13 years of age.

Summary of Evidence

1. Each police statement made by the defendant in relation to the legal statement 1, C, and D;

1. Investigation report (recording statements against victims C), statement recorded CDs;

1. Investigation report (video recording against the victim C), statement recorded CDs;

1. Application of D’s Acts and subordinate statutes on the complaint;

1. Relevant Article 8-2 (3) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Amended by Act No. 9110, Jun. 13, 2008); the main sentence of Article 298 of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010);

1. Supplementary to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 21(2) of the Act on the Protection of Children

1. The crime of imposing an order of disclosure and notification is likely to be subject to an order of disclosure of personal information pursuant to Article 5(1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012) and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. However, Article 22 of the Act on the Protection of Juveniles against Sexual Abuse (Act No. 7801, Dec. 29, 2005), which was enforced at the time of the crime, shall be subject to the decision of disclosure and notification of personal information “the person subject to the decision of disclosure of personal information” after having been sentenced to imprisonment without prison labor or more than twice for the crime provided for in Article 20(2)6 through 8 of the same Act and has been completely or partially executed or exempted.

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