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(영문) 광주지방법원 2013.04.11 2012고합1339
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Criminal facts

The Defendant was between the mother of the Victim C (V, 13 years of age) and the pet, and committed an indecent act against the victim, who was a child or juvenile who was unable to resist due to diving as follows.

1. From 10:00 to 11:00 to the lower order of July 2012, the Defendant met the clothes above the clothes of the victim, who was divingd in the victim’s house located in Gwangju Mine-gu, at the victim’s house, at the victim’s house in Gwangju Mine-gu, one time in his/her hand.

2. The Defendant, on August 2012, from around 9:00 to 10:0 on August 2012, 201, met with the clothes above the clothes of the victim locked at the place specified in paragraph (1) at around 10:0, at the same time.

3. 피고인은 2012. 10. 26. 3:00에서 6:00경 제1항 기재 장소에서 잠을 자던 피해자의 웃옷 속으로 손을 넣어 피해자의 가슴을 만지고 피해자의 바지와 팬티를 벗긴 후 입으로 피해자의 음부를 핥았다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to C

1. Relevant provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [an aggravated punishment for concurrent crimes prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse on October 26, 2012] among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 13 (1) and the main sentence of Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing of a child or juvenile exempt from disclosure or notification order, and the proviso to Article 38 (1) or the proviso to Article 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the circumstances, etc. seen below as the grounds for sentencing, it is difficult to see that the defendant is likely to recommit a sexual crime, and thus, it shall not disclose or notify personal information

1. The crime of this case is still one of the normal sexual identity and values.

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