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(영문) 부산지방법원 2013.10.11 2013고합300
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)
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A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

1. In August 201, the Defendant left the house for the medical treatment of the victim D (Woo, 10 years old) located in the Busan YY-gu, Busan YY-gu, and the victim was able to commit an indecent act against the victim by taking advantage of crepans, and the Defendant was frightened with the victim’s knife and knife with the victim’s knife by hand.

Accordingly, the defendant committed an indecent act against the minor under 13 years of age by taking advantage of the victim's mental condition.

2. At around 22:00 on November 17, 2012, the Defendant: (a) 22:00, at the same place as above; (b) she fright together with E and her female living together with the victim D (the age of 11) with a mind that the Defendant was able to commit an indecent act against the victim; (c) she collected the Defendant’s hand into the victim’s inner part; (d) her fingers the Defendant’s hand into the victim’s panty part; and (e) her fingers the Defendant’s hand into the victim’s part; and (e) her fingers were stored into the victim’s part.

Accordingly, the defendant committed an indecent act against the minor under 13 years of age by taking advantage of the victim's mental condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Prosecutions of the accused and suspect interrogation records of each police officer;

1. The statement made in D in the statement video CDs;

1. Application of Acts and subordinate statutes to investigative reports (medical records for victims and accompanying documents);

1. Relevant legal provisions concerning criminal facts and Article 7 (4) and (3) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 12, 2012; hereinafter the same shall apply) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Jan. 12, 2012; hereinafter the same shall apply), and Article 7 (4) and (2) 2 of the former Act on

1. From among concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act is more similarity;

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