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(영문) 울산지방법원 2014.05.23 2013고합321

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)

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A 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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 26, 2013, around 16:30, the Defendant committed the crime against the victim C, saying, on the front roads of the Defendant’s home located in Ulsan-gu, Ulsan-gu, U.S. D., that the Defendant was willing to detect and commit an indecent act against the victim C (hereinafter referred to as “the victim”) who was playing at the playground and returned to his house, and that the said C “I wish to kill the victim,” and said C was able to take up the two sides of the above C, which the Defendant believed, in good faith, in both hands, and come to place.

At around 16:40 on the same day, the defendant carried the victim into the house of the above defendant, and saw the victim's body by punishing both arms, and sponsed the victim's body at the right knive and right knives.

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

2. Crimes against victims E;

A. On October 26, 2013, the Defendant committed the crime around 16:50 on October 26, 2013, around 16:50, on the front side of Ulsan-dong-gu, Ulsan-gu, Seoul-do, the Defendant discovered the victim E (V, 6 years old), who was found in the two parts of the foregoing paragraph (1), and attempted to commit an indecent act, and was frightd with the victim’s side damage.

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

B. On October 26, 2013, around 17:00, the Defendant committed the crime committed with intent to commit an indecent act by gathering the victims as described in the foregoing paragraph (a), and around October 26, 2013, around 17:00, the Defendant “patching the victim to be satisfed” to the victim at the place described in the foregoing paragraph (a) and “Fsts” located in the place where the victim was placed in the place where the victim was satisfed to the victim, and again the victim was satisfed to the Defendant’s house described in the foregoing paragraph (1).

Then, after entering the victim into the room, the defendant was aware of the body of the victim by punishing both arms, and was faced with several times with the victim's entrance and the right buck.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. The statements of C or E recorded in the video CD;

1. Application of Acts and subordinate statutes to investigation reports (on-site photographs) and investigation reports (Attachment of family relation certificates);