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(영문) 대전지방법원 서산지원 2018.05.16 2017고합42
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

(2018 Gohap 1) Defendant 1 is a person who operates a supermarket in the name of “D Mt” in the Seosan-si apartment shopping mall.

1. From the beginning of spring in 2014, the Defendant shows dynamic images reported by the Defendant to the victim E (V), who was a minor, who frighted by the Defendant at the above D Mt around the insular day between the beginning of spring in 2014, and did not understand the meaning of sexual conduct. “At the time when a female asks for the help of a male.”

After saying "I wish to give an excessive note if I wish to do so".

“In the end, the victim was able to be dismissed, and the victim was frightened with a container behind D, and was frightened by putting the victim on the cover of the cremation which was kept in custody in the warehouse, putting the victim out of the body of the victim, and putting the Defendant out of the body of the victim, and putting the Defendant’s sexual organ on the part of the victim.

2. On the day following paragraph 1, the Defendant committed an indecent act against the victim in the same manner as that of paragraph 1 against the victim who was found in order to obtain a fruit from the above D Mart in the following D Mart warehouse.

Accordingly, the defendant committed an indecent act on the victim under 13 years of age by fraudulent means twice.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Some statements made against the defendant during the police interrogation protocol;

1. Stenographic records;

1. Notice of the expert opinion and the result of statement analysis of a case involving sexual harassment against a child with disabilities;

1. Investigation report (Attachment of D/E photographs), application of photographic Acts and subordinate statutes;

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which are applicable to the crimes;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Article 50) of the Criminal Code of the Aggravation of Concurrent Crimes.

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