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(영문) 대전지방법원 서산지원 2014.03.06 2013고합97
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 160 hours.

Reasons

Criminal facts

1. On September 5, 2013, at around 17:40 to 18:42, the Defendant considered the victim E (n, 6 years of age), and the victim F (n, 7 years of age) at the D primary school children playground located in Jin-si C, and considered the victim’s sexual organ to show his/her sexual organ to the victims, but the victims did not reach it, but the victims were forced to attract the victim E’s hand by leading the victim’s hand, leading the victim E to the victim’s sexual organ, and the victim F, who followed it, took the victim’s sexual organ to the victim F, with the victim’s sexual organ to the victim F.

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

2. At around 14:10 on November 11, 2013, the Defendant considered the victim I (the 7 years of age) at the H elementary school children playground located in G, Jin-si, and considered the victim I (the 7 years of age). After considering the victim’s sexual organ, the Defendant showed the victim’s sexual organ and stated that “I am her sexual organ at one time in which the money is reduced,” and “I am her sexual organ,” and that “I am her sexual organ is increased by continuous only,” the Defendant’s personal act was committed in a state where I am her sexual organ by force by taking the victim’s hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning J, K, L, E, and F;

1. A statement or record of damage;

1. Application of Acts and subordinate statutes to report internal investigation (on-site visit, etc., attachment of video CDs, search of victim counseling teachers), investigation report (Attachment of photographs, attachment of documents, voice recording, CD recording, suspect specific information);

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

1. Of concurrent crimes, the aggravated punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age), which is the most severe judgment

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

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