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(영문) 대구지방법원 김천지원 2012.11.16 2012고합117

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등

Text

A defendant shall be punished by imprisonment for five years.

The information on the accused shall be disclosed and notified for five years.

Reasons

Punishment of the crime

【Criminal Facts】

Defendant

In addition, on January 28, 201, the person subject to a request to attach an attachment order (hereinafter referred to as "defendant") was sentenced to a three-year suspended sentence of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor, rape, etc. under thirteen years of age) in the Daegu District Court Kimcheon-cheon Branch of Seoul District Court on January 28, 201, and the said judgment became final and conclusive

From May 2008, the defendant has de facto marital relationship with the victim C (here, 10 years of age)'s mother D while living together with the victim D.

1. On January 1, 2012, the Defendant committed an indecent act against the victim by inserting television at the victim’s house located in Gumi Simi at a low time from January 2012. At the victim’s house located in Gumi Simi, the Defendant, by drinking the victim’s mind to force indecent act by compulsion of the victim’s own clothes, putting the victim’s hand into the victim’s own clothes, cutting the victim’s breasts, cutting the victim’s fingers into the victim’s chest, and rhying the panty, putting the hand into the victim’s panty.

2. 피고인은 2012. 4. 5. 15:00경 구미시 E에 있는 피해자의 의붓 언니인 F 방에서, 피해자를 강제추행할 마음을 먹고 갑자기 손으로 피해자의 양쪽 가슴을 만지고, 젖꼭지에 입을 맞춘 후 팬티 안으로 손을 넣어 피해자의 음부를 만져 피해자를 추행하였다.

Accordingly, the defendant committed an indecent act on the part of the victim under 13 years of age who had de facto kinship over two times.

[Judgment of the court below] The defendant committed a sexual crime against a victim under 16 years of age on two occasions, and the defendant committed the same crime against the same victim, and thus, the same crime of this case was committed during the suspended execution period. Thus, the defendant is likely to recommit a sexual crime.

Summary of Evidence

1. Each testimony of witness F and G;

1. Results of video recording CDs from the video verification;

1. Part of the prosecutor's protocol of interrogation of the accused (written one time) 1.