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(영문) 광주지방법원 순천지원 2016.05.03 2015고합201
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

On April 2010, the Defendant: (a) set the 1st and second grade class class class D elementary school in Gosong-gun C and laid down her sexual organ; and (b) put the victim (the age of 8 at that time) with the phrase “infinite,” and putting the head of the victim’s sexual organ into the entrance of the victim and putting the victim’s sexual organ into the entrance of the victim, he she saw the head of the victim before and rear the victim’s hair.

Accordingly, the defendant, by force, committed an act of inserting a minor under the age of 13 into the body of the victim.

Summary of Evidence

1. Any statement made by the defendant in part appropriate for such statement among the one-time public trial records;

1. Video recording stenographic records of police images E;

1. Application of the law of the police statement protocol to F;

1. Article 8-2(5) and (2)1 of the former Act on the Punishment of Sexual Crimes and the Protection, etc. of the Victims thereof (amended by Act No. 10258, Apr. 15, 2010; Act No. 10258, 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; Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10260, Apr. 15, 2010) (amended by Act No. 10260, Apr. 15, 2010) (the Defendant has no record of sex offense; the Defendant’s completion of sexual assault treatment programs against the Defendant to a considerable extent that the Defendant’

The reason for sentencing is that the personal information of the defendant should not be disclosed, in full view of the following circumstances: the defendant's age and background of the crime, benefits and effects expected by the disclosure order, degree of disadvantage to the defendant's suffering, anticipated side effects, etc.

1. The scope of applicable sentences under law: five to fifteen years of imprisonment (the upper limit is Article 1(1) of the Criminal Act, and the former Criminal Act (Law No. 10259, Apr. 15, 2010).

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