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(영문) 광주지방법원 목포지원 2013.08.01 2013고합52
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 22:00 on May 28, 2013, the Defendant, along with F, who is the father of the victim E (inn, 12 years of age) at the D week located in Young-gun C, Young-gu, Youngnam on May 28, 2013, performed drinking, and the said F f f f f f f f f f f f f f f g f f f f f f

After that, at around 23:00 on the same day, the Defendant opened a house of the victim, and opened the house of the victim, and reported the victim to the side of the above F, which was divingd in the ward, and tried to commit an indecent act against the victim, and collected her hand with the victim’s clothes, and met the victim’s her tur, chest, chest, etc.

On the other hand, the defendant continued to put the victim into the protection of the victim, put the victim on the bed, put the victim on the bed, put the hand into the panty of the victim, and gather the hands on the sound part of the victim.

Accordingly, the defendant, by force, committed an indecent act against the victim by putting his fingers into the victim's sexual organ under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. F's statement of the police;

1. Application of Acts and subordinate statutes governing filing of complaints and recording of statements;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply);

1. In a case where a conviction becomes final and conclusive on the criminal facts in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as minors under thirteen years of age) in the judgment that is a sex offense against a child or juvenile subject to the registration of personal information under Article 38-2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information under Article 33(

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