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(영문) 창원지방법원 진주지원 2015.02.05 2014고합172

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간)등

Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

The defendant has been living as the part of the victim while living together for about 8 years with F who is the mother of the victim E (n't have a certain occupation, 11 years old).

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (livering between minors, deceptive schemes, etc. under the age of 13) was out of the Defendant’s residence in Jinju-si, and the Defendant was out of the Defendant’s panty and panty, and was out of the Defendant’s body, and tried to put the Defendant’s sexual organ into the part of the Defendant’s body, but did not come out of the wind.

Accordingly, the defendant tried to have sexual intercourse with the victim under 13 years of age by force, but did not have attempted to do so.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age);

A. On April 2013, the Defendant committed the crime on April 2013, 2013, when he saw that the said F was working with the Defendant’s residence and the victim was locked, he saw the Defendant to commit an indecent act against the victim in a timely manner, with his hand, she was in charge of the victim’s shoulder with his hand and her hand, and she committed an indecent act against the victim by inserting his finger into the victim’s e-mail.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

B. On June 2013, the Defendant committed the crime in June 2013, 2013, when he saw that he did not work in the above F, and the victim was locked at the residence of the above Defendant, he saw that he did not commit an indecent act against the victim in a timely manner, exceeded the victim’s panty, and exceeded the victim’s panty, making the victim’s panty, and committed an indecent act against the victim.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

C. On December 2, 2014, the Defendant confirmed that the said F was diving at the residence of the above Defendant on the order of December 2014, 2014, and thereafter.