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Reasons
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(영문) 대구지방법원 2015.10.02 2014고합632
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant, as in D 201, was living together with women-friendly job offers E in Gyeongsan-si, and G, the mother of the F (12 years of age) working for the same bath as E, who is the mother of the F (F) working for the same bath as E, was able to look at the victim during his marriage with the Thailand, and was able to make payment as E and the victim around February 2014.

1. From February 25, 2014 to March 1, 2014, the Defendant: (a) from around February 25, 2014 to around March 1, 2014, the Defendant: (b) around the time of the instant D 201, the Defendant locked the victim; (c) and (d) the victim was refusing to be “mae.....,” and (d) the victim’s chest was sent back to his/her clothes.

2. The Defendant goes to work in the above D 201 around the day on which the Defendant committed the crime described in paragraph (1) was committed, and the victim goes to work in a computer, and forced the victim to go on the Internet, and put the victim's hand on his own side, put the hand into the clothes, put the victim's chest down below the victim's chest.

Accordingly, the defendant committed an indecent act on the part of the minor victim under the age of 13 over two times in total.

Summary of Evidence

1. Legal statement of witness F;

1. Statement of F recorded in the video recordings (Evidence No. 15);

1. Recording recording (No. 19 of the evidence list);

1. Each investigation report (for victim interviews, including individual entry and departure status, accompanying a certified copy of resident registration) and accompanying documents;

1. Application of Acts and subordinate statutes to report internal investigation (the photographing of the suspected victim's residence);

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 of such crimes;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes as provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age), with the heavier judgment of the court);

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

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