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(영문) 수원지방법원 안산지원 2014.01.10 2013고합348
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 the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

On October 17, 2012, the defendant and the person against whom the attachment order was requested (hereinafter referred to as "defendants") were sentenced to six months of imprisonment with prison labor for fraud, etc. on November 30, 2012. On November 30, 2012, the Seoul Eastern District Court sentenced the Seoul Eastern District Court to six months of imprisonment with prison labor for fraud, and completed the execution of the final sentence on August 25, 2013.

【Criminal Facts】

around 14:40 on October 21, 2013, the Defendant issued an order of the owner of the victim C (7 years of age, n, n) to the D cafeteria located in the city of Singu, which is operated by the mother of the victim C (7 years of age, and n, and the owner of the victim left the marb in the restaurant room while the mother of the victim works in the main room, the Defendant rhydddd the victim’s chest and the part of the bridge as his hand.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

[Judgment of the court below] The defendant committed a sexual crime against a minor under the age of 19 as stated in the above facts of the crime and is likely to recommit a sexual crime.

Summary of Evidence

【Criminal Facts in the Market】

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Recording records;

1. A written statement of C and E;

1. The victim's photograph and the case scene photograph (before the date of sale);

1. In other words, the following circumstances are as follows: ① the Defendant was sentenced to a fine of 700,000 won on August 21, 2002 due to the crime of indecent act by force on the part of August 26, 2002, and was sentenced to a fine of 70,000 won on the part of the Defendant committed the crime of indecent act by force on the part of a female under 8 years of age on June 26, 2008; ② the Defendant was sentenced to a fine of 2 years of imprisonment for the crime of indecent act by force on the part of a female under 8 years of age on the part of 2008.

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