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(영문) 인천지방법원 부천지원 2015.04.03 2014고합202
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. From May to June, 2010, the Defendant violated the Act on Special Cases Concerning the Punishment of Sexual Crimes (Rape, etc. with Minors under the age of 13) committed by the Defendant in Yacheon-gu E on May 2010 to the victim G (in female, 10 years old) who was in the front of the demonstration team, left the victim on his/her own ship so that he/she can show his/her face to each other, thereby preventing the victim from resisting, allowing the victim to resist, and bread the victim’s chest and drinking the victim.

Accordingly, the defendant committed an indecent act on the part of the victim who is under 13 years of age.

2. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) changed the date and time of the commission of the crime described in paragraph (2) to “the spring light on 2012” from “the date and time of the crime indicated in paragraph (2) of this Article,” and did not change the victim’s age born Q from “the age of “the age of 13” to “the age of 12” from “the age of 12,” but it is apparent that the victim’s age was 12 years old around spring 2012, leaving the victim’s room up to the floor, leaving the victim’s kid away, leaving the victim’s stump on the floor, preventing the victim’s mar from resisting.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Witnesses G, J's respective statements in the third protocol of trial, witness K, L's respective statements in the fourth protocol of trial, witness M, N,O, and P in the fifth protocol of trial;

1. G statements made by each victim’s statement or video CD;

1. The police statement of G, and the second police statement of N;

1. Colorics and photographs of investigation reports (as to whether a person has passed the team);

1. K's report on victims of sexual assault and persons with disabilities, and offices of the Supreme Prosecutors' Office in charge of the scientific investigation of children and persons with disabilities of Gyeonggi Provincial Police Agency;

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