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(영문) 부산지방법원 2014.01.24 2013고합807
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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. On September 17, 2013, the Defendant: (a) around 13:50 on September 17, 2013, 2013, around the day on which the Defendant had committed the crime: (b) had a view to reporting and committing an indecent act against the victim D (influence, age 8) who returned to Korea; (c) had fluenced the victim’s “influence of any school year, what he attends a school”; (d) had rhing the victim’s visibility and head on two occasions; (e) had the victim’s right chest; and (e) had the victim’s chest with his body and faced the victim’s chest once.

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

2. On October 15, 2013, the Defendant: (a) around 14:00 on October 15, 2013, in front of the late apartment complex guard room under the preceding paragraph; (b) reported the victims returning home after completing school lessons and reported again to commit an indecent act against the victims; and (c) reported the victims’ arms to the victims; (d) reported the Defendant’s eye to the victim; and (e) discovered that the victims committed an indecent act against himself as provided in paragraph (1), and did not realize the intent of the Defendant’s escape and escape.

Accordingly, the defendant attempted to commit an indecent act by force against the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Statement recording records made by the police against D;

1. A police investigation report (to attach photographs of video recording materials of on-site CCTV);

1. Application of Acts and subordinate statutes to report internal investigation by police (on-site investigation and future investigation plan);

1. Article 7 (3) of the Act on Special Cases concerning the Punishment of Sexual Crimes and the Punishment, etc. of Sexual Crimes on the Crime, Article 298 of the Criminal Act (the occupation of indecent acts by compulsion of minors under the age of 13 and the choice of imprisonment), Articles 15 and 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (the occupation of attempted indecent acts by compulsion of minors under

1. From among concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Article 50 of the Criminal Act [Article 37 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor, minor indecent act under thirteen years of age)].

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