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(영문) 서울북부지방법원 2017.04.14 2016고합519
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant shall reside in the other floors of the same apartment house, such as the victim C (the family name, the female, the age of eight).

1. On April 2016, the Defendant discovered that the victim was married in the elevator, the elevator of Dongdaemun-gu Seoul Metropolitan Government 105 Dong 3-4 Dong, Dongdaemun-gu, Seoul, on April 2016, the Defendant committed a crime around April 2016, and Daa found the victim “Is several academic years”;

Doer Doer Doer Doer

"Abreed" and "abred the chest of the victim himself/herself."

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

2. On May 26, 2016, the Defendant committed a crime on May 26, 2016: (a) in the same elevator run around 15:45 on May 26, 2016, “A few slaughters”; (b)

anywhere:

Doer Doer Doer Doer

“The victim’s left chest was divided into two occasions by asking “A” and by checking the victim’s own hand.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Application of CCTV and video CD-related Acts and subordinate statutes;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. In full view of various circumstances such as the details of the instant crime, the Defendant’s age, sexual conduct, social ties, criminal records, the risk of recidivism, the profits and preventive effects expected from an order to disclose or notify information, the disadvantages and side effects of the order, etc., there are special circumstances in which the disclosure or notification of the Defendant’s personal information may not be disclosed or notified.

[Judgment on the argument of the defendant and his defense counsel

1. The defendant is guilty of the crime.

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