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(영문) 인천지방법원 부천지원 2014.03.14 2013고합248 (1)
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 a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

[criminal power] On May 18, 2012, the Defendant was sentenced to imprisonment with prison labor for three years and five years of suspended execution, etc. at Seoul Southern District Court on the grounds of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special robbery, rape, etc.). The judgment becomes final and conclusive on August 4, 2012, and is currently

【Criminal Facts】

In a state where the Defendant lacks the ability to discern things or make decisions due to mental illness, such as impulses, disorder, etc.,

1. On October 28, 2013, around 17:00 on the Special Act on the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Acts by Force against Minors under the age of 13), a victim D (inn, nine years of age) returned home in the vicinity of the Kucheon-gu, Seocheon-gu, Seocheon-gu, Seoul, to find out the victim D (inn, nine years of age) and to drink an intent to force indecent act by force, and following that, the elevator, which is the 5-ra of Seocheon-gu, Seocheon-gu, Kucheon-gu, Seoul, would be seen as “Icheon-gu, Kucheon-gu, Seoul, I will see the victim’s sexual organ.

2. From October 16 to 16:20 on October 29, 2013, the Act on the Protection of Children and Juveniles against Sexual Abuse: (a) discovered the victim E who returns home from the Domin Park Park in the Domindong-gu, Seocheon-si, Seocheon-si, the 13 years old-gu, and drinks for indecent act; and (b) followed up the victim, who was on the stairs inside the stairs of the 3rd floor of the F apartment-dong, Seocheon-gu, Seocheon-gu, the 2013, the victim committed an indecent act by force by committing an indecent act by force against the victim by: (c) finding out the victim E (the 13 years old-gu) who was frighting from the 16:15 on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (d) putting the cell phone in the main machine, closing the spread; and (d) frighting the victim’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A medical certificate and a psychological and evaluation report;

1. Records of statements;

1. Each report on investigation;

1. Previous convictions as indicated in the judgment: Criminal records and the previous records of disposition and the results of confirmation, and the application of Acts and subordinate statutes; and

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