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(영문) 대구지방법원 안동지원 2017.06.08 2016고합57

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes, etc. by minors under the age of 13) Defendant is living together with the victim D (E) who is an infant in Ansan-si, 102 Dong and Dong-dong C Apartment 1202.

The defendant, around January 4, 2013, 21:00, she locked together in the room of the victim and the above residence, and the victim does not want to do so.

In spite of refusal, ‘the same male person' is equal.

The phrase “I shall not come up more than 13 years of age” refers to the victim’s panty, and the victim’s sexual organ was spanched by inserting his hand into the victim’s panty, from that time to that time, and the victim committed an indecent act by force against the victim under 13 years of age by the same method over 188 times in total, except for the weekends by May 26, 2016.

2. On May 28, 2016, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) reported that he/she entered his/her house with his/her son Friend son’s and son’s G (her 13 years old age) in the above residence and committed an indecent act against the victim, and made the victim enter the house to commit an indecent act, and then shut the victim into the door to close the visit and take the left chest of the victim’s house into the clothes.

As a result, the defendant committed indecent acts against the victim who is a juvenile by assault.

Summary of Evidence

【Criminal facts No. 1】

1. Statement by the defendant in court;

1. Stenographic records (64 pages of the investigation records);

1. Report on internal investigation (Attachment of a certified copy of resident registration and a certificate of attending school) (Article 2 of the facts constituting the crime as indicated in the judgment

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. G’s statement recorded in video recording CDs (the 158th page of investigation records);

1. A report on investigation (51 pages of investigation records);

1. Application of Acts and subordinate statutes to report internal investigation (the attachment of a certified copy of resident registration and a certificate of school attendance);

1. Article 7(5) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes for the Punishment, etc. of Sexual Crimes, Article 298 (a) of the Criminal Act, Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Child Juveniles, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7(3) of the Act on Special Cases Concerning