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(영문) 수원지방법원 안산지원 2015.12.04 2015고합155
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

1. The defendant shall be punished by imprisonment for four years;

2. The defendant shall complete a sexual assault treatment program for 80 hours.

Reasons

. The Defendant of the crime history (the respondent of the attachment order and the respondent of the probation order; hereinafter “Defendant”) committed an indecent act by force against the victims under the age of 13 on two occasions as follows.

1. On May 12, 2015, the Defendant: (a) on May 12, 2015, the Defendant: (b) on May 12, 2015, and (c) on the victim D (Nam, 6 years of age) who was mixed in the front stairs of the Dong-gu, Ansan-si, Ansan-si ******, the Defendant was under the influence of the victim.

2. On June 23, 2015, around 17:38, the Defendant asked the victim G (Nam, 3 years of age) who sees urine from the male toilet of F1st floor in Ansan-si, Sinsan-si, Sinsan-si, that he had sees her clothes, and put his her vegetative in the victim’s entrance while drinking her own vegetative twice with the victim’s entrance.

Summary of Evidence

1. Defendant's legal statement;

2. Stenographic records of each statement made D or G;

3. Closed-circuit television (CCTV) video recorded in the CD;

4. Application of each statute of photography;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Order to complete a program under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

5. Grounds for sentencing under the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are ordered to disclose or notify registered information.

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years and six months;

2. Scope of the recommended sentencing criteria; and

(a) Basic crimes and concurrent crimes: Determination of the type of a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age): sexual crime group - general standards - sex crimes subject to the age of 13 - special multiple-presidential persons under the age of 3 (Indecent Act by force): (3) range of recommendations: Imprisonment with prison labor for not less than four years to seven years;

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