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(영문) 광주지방법원 2015.02.13 2014고합374

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

In addition, since 2007, the respondent of the attachment order (hereinafter referred to as the "defendant") has maintained a de facto marital relationship with the victim D (First, his or her father, C (Second, his or her father) with E, which is the pulse of the victim, and the victim who reported his or her marriage on February 10, 2014.

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of minors under the age of 13) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent act by force in relation to relatives), committed an indecent act by force against C, who is de facto relative with C, by deceiving the chest of a victim C (10 years of age) who was accumulated in the defendant's house inside and outside of the house on December 2, 2013 and inserting his hand into the victim C's panty and making the victim C's panty with his her panty,

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of minors under the age of 13) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (indecent act in relation to relatives), committed an indecent act by force against C, who is de facto related to the victim C by deceiving the chest of the victim C (in the case of women, 10 years of age) and inserting his finger at the home and inside of the Defendant’s house on January 2014, 2014.

Summary of Evidence

1. Any statement made by the defendant in a part appropriate for such statement in this Act;

1. Any statement made by C to the effect that it is appropriate for C to this effect in this court;

1. Statements made to victims C from among video recording works made to victims C, which are appropriate therefor;

1. A family relation certificate to C and a marriage relation certificate to the defendant, each statement fit for such certificate;

1. The defendant and his defense counsel's assertion that conforms to C's basic certificate and the judgment of this court

1. As to Paragraph 1 of Article 1 of the Judgment on the Summary of the Claim, there was no intention to commit an indecent act as to whether the victim C was fluoring with the chest and fluor while the victim C was fluoring with the fact that the victim C was dead.

2. The intention to commit an intentional crime is to refrain from judgment, knowing the facts charged.