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(영문) 수원지방법원 안산지원 2016.01.15 2015고합298

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)등

Text

1. The defendant shall be punished by imprisonment for three years;

2. Provided, That the execution of the above sentence shall be suspended for a period of four years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

From around 2005, the Defendant entered into a relationship with the victim D, the mother of the victim D, and there were more cases where the victim’s family members visit the victim’s home or play in penta.

1. The Defendant, who was forced to commit an indecent act by force under the age of 13, committed each indecent act on the part of the victims under the age of 13 who were under the age of 13 over three occasions as follows.

A. On December 30, 2012, the Defendant: (a) around 30, 2012, at the victim’s outer money house located in Seocheon-gun F, Chungcheongnam-gun, Chungcheongnam-do; (b) at the victim’s bar, locked (the age of 11 at that time), and in his/her clothes, knicked the victim’s knife with his/her fingers,

B. On May 4, 2013, the Defendant was aware of the victim who was divingd (the age of 12 at the time) at the same place as the same time, and the chest was delivered.

(c)

On December 31, 2013, the Defendant became aware of the trade name in the old loan limit of the members of Ansan-si around December 31, 2013. The Defendant became aware of the victim who was diving (the age of 12 at that time) and was her breast.

2. Around May 2, 2015, the Defendant, at the victim’s home, committed indecent act by force against a child or juvenile quasi-offender, knife the victim’s hand (at the time 14 years old) who was divingd and laid into his/her own clothes, thereby making the victim’s hand in contact with his/her own conspiracy.

Accordingly, the defendant committed an indecent act against the victim who is a juvenile in a state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes on police statements made to D and E;

1. Relevant legal provisions concerning criminal facts;

(a) An indecent act committed by a person under 13 years of age: Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act;

(b) Indecent acts committed by force against juveniles: Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act;

2. On December 30, 201, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes committed on December 30, 2012 (an aggravated punishment for concurrent crimes committed by a minor under 13 years of age) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed around December 30, 2012).