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(영문) 부산지방법원 2013.08.09 2013고합275
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

After the defendant completed the school of the victim C (n, 6 years old), the victim D (n, 7 years old), who is an elementary school student residing in the neighbor of the defendant, the defendant used the fact that the victims come home without his guardian in the house or the house of the victim, and led the victims to commit an indecent act by inducing them to commit an indecent act by inducing them to do so.

1. On April 5, 2013, around 14:10 on April 5, 2013, the Defendant: (a) had the victim C and the victim D, playing in his house with a large voice, “Chos, son and son; hereinafter “Chos, son and son”; (b) had the victims go in the house, and had them go to the house, and had the victims go to the house of the Defendant located in the Busan YY and enticed for the purpose of indecent acts against the victims.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by compulsion of the victim under thirteen years of age) laid the victim D at the Defendant’s home and laid the victim D on the Defendant’s bridge, and then laid the victim D on the Defendant’s bridge, put the victim’s chest into a hand, and continuously took charge of several times the victim’s chests when the victim C takes care of the victim’s chests, and continued to put the victim’s chests on the part of the victim.

Accordingly, the defendant forced victims under 13 years of age to commit indecent acts.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements made by the police against victims C and D;

1. Application of Acts and subordinate statutes to each investigation report (12 case details and field photographs);

1. Relevant Articles 288(1) and 288(1) of the Criminal Act concerning facts constituting an offense (the point of inducement for indecent act) and Acts on December 18, 2012 concerning special cases concerning the punishment, etc. of sexual crimes committed by each of the former.

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