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(영문) 광주지방법원 순천지원 2015.10.22 2015고합146
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

1. On January 201, the Defendant: (a) was aware of the victim D (Inn, at the age of 7 at that time) who was located in the house of the Victim D (hereinafter referred to as the “victim D”); and (b) was able to enter the house of the Victim’s father while drinking alcohol; (c) was able to brealy enter the room while drinking; (d) was willing to commit an indecent act against the victim upon finding the victim in the room; and (e) was able to have the victim fluenced; and (e) the Defendant fluenced his hand into the victim’s panty; and (e) was fluenced by inserting his hand into the victim’s panty.

Accordingly, the defendant committed indecent acts by compulsion against the victim under 13 years of age.

2. From March 2014 to April 2014, the Defendant committed an indecent act against the victim within the facility for repairing agricultural machinery operated by the father of the victim who is located in Heung-gun E, with the intent to commit an indecent act against the victim (the 10 years old at that time). The Defendant laid the victim on a t lease located therein, laid the hand on the victim’s panty, putting the hand into the victim’s panty, and laid the victim’s sound part.

Accordingly, the defendant committed indecent acts by compulsion against the victim under 13 years of age.

3. On June 7, 2014, the Defendant: (a) within the room for repair of the above agricultural machinery; (b) held the bit leased with the said victim in order to have the television word with the said victim to commit an indecent act against the victim; and (c) stored the hand in the victim’s panty panty, thereby holding the part of the victim.

Accordingly, the defendant committed indecent acts by compulsion against the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes governing stenographic records;

1. Relevant legal provisions concerning facts constituting an offense, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, and Article 298 of the Criminal Act (the occupation of indecent acts by compulsion of minors under the age of 1

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravation of concurrent crimes resulting from the crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the minor under the age of 13) around June 7, 2014

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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