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(영문) 부산지방법원 2017.05.19 2016고합865
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 40 hours.

Reasons

Punishment of the crime

On August 22, 2016, at around 16:00, the Defendant committed an indecent act against a minor by force by putting the victim's shoulder part of his/her shoulder with his/her left hand, she was waiting to play together with his/her her son in the old world near the Busan metropolitan area, including the victim D (V, 9 years of age), etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A criminal investigation report (video recording for the age of 9 years against victim D), a video CD recording of victim's images, a picture recording at the scene of the preparation of the victim, and a record of the victim's statement;

1. The actual survey report and on-site photographs;

1. An investigation report (abridged copy, such as the victim and the suspect resident registration card);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to Table 112 for Report Processing);

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order to disclose or notify information, requires careful caution as it may have a significant impact on the Defendant, and the Defendant’s primary offender, and the completion of a sexual assault treatment program with respect to personal information registration and sexual assault against the Defendant can have an effect to prevent recidivism even to a certain extent;

In light of all circumstances, such as the defendant's age, family relationship, social relationship, etc., there are special circumstances in which the defendant may not disclose or notify personal information.

(C) As to the argument of the defendant and his defense counsel, the defendant only saw the victim to be dead.

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