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(영문) 대구지방법원 포항지원 2015.12.07 2015고합90
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

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

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

Reasons

Punishment of the crime

On August 15, 2015, around 19:00, the Defendant offered a sexual traffic offer to the victim (hereinafter referred to as “C”) who became aware of through “A”, a smartphone hosting app, “11 years of age,” and offered a sexual traffic offer. However, the Defendant offered a talk to the effect that “one hour 300,000 won is a defect in the conversation without money,” as the victim refused from the victim, and promised to talk with the victim at the E parking lot located in Nam-gu, Southern-gu, where there is a victim around that time.

On the same day, at around 19:15, the Defendant discovered the victim who was riding a bicycle in the above E parking lot; the victim was driven by the Defendant, and the victim was fi30 p.m., and then, the victim was forced to sit the victim over kneeel in the defendant's knee, with the view to committing an indecent act against the victim in the course of talking with the victim, the victim was forced to sit the victim over knee, and the victim was resisted against her panty and panty; the victim resisted against her panty and panty by hand; and the victim continued to put the victim's panty and panty into the part of the victim's knee.

Accordingly, the defendant committed similar acts to the victim under 13 years of age by force.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the victim recorded in the video CD;

1. Report on internal investigation (Attachment to the contents of the Kakao Stockholm dialogue dialogue made between the victim and the suspected victim), and each investigation report;

1. Application of Acts and subordinate statutes on family relation certificate;

1. Article 7 (5) and (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso thereto

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