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(영문) 부산지방법원 2019.01.18 2018고합454
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

[Criminal Power] On August 22, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for a special injury at the Busan District Court, and the judgment became final and conclusive on January 10, 2019.

【Criminal Facts】

Defendant

In addition, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") is between D and A, who is the father of the victim B (the family name, the female, the nine years of age), C (the family name, the ten years of age).

1. The Defendant committed the crime against the victim B on 21:00 on 2017: (a) committed an indecent act by force against the victim, who was under 13 years of age, by putting 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 with his her her her her her her

2. Crimes against victims C;

A. On October 2017, the Defendant met the victim’s sexual organ at the victim’s home located in Busan-gu, Busan-gu, and the victim’s clothes.

B. On October 2017, around 2017, the Defendant: (a) placed his hand in the same place as the victim’s clothes; and (b) met the victim’s sexual organ in the victim’s clothes.

Accordingly, the defendant committed an indecent act on the part of the victim who is under 13 years of age on two occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. A report on occurrence (No. 1).

1. Each report on internal investigation (No. 2,8);

1. Each investigation report (Nos. 3, 9, 10, 13, 15, 26 through 28) ;

1. B's statement recorded in the video CD (including the statement prepared by the injured party);

1. C's statement recorded in the video CD (including the statement prepared by the injured party);

1. 112 Report details, statement and analysis opinion, expert opinion on child sexual harassment case, and photograph;

1. Before judgment: Before disposition, reporting the results of confirmation, and applying Acts and subordinate statutes concerning criminal records;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with prison labor, respectively;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act dealing with concurrent crimes;

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