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(영문) 창원지방법원 마산지원 2019.06.14 2018고합69

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

In addition, the person subject to a request for an attachment order and the person subject to a request for a probation order (hereinafter referred to as the "defendant") came to know of the victim B (the 5 years of age) and his/her mother C's appearance, as adjoining neighbors, and became aware of the victim's relationship with C.

1. Around 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under the age of 13) in apartment stairs (around 2017), from the front stairs of the Defendant’s house located in the Mampo-gu D apartment in Changwon-si, Changwon-si, to find the victim playing in the same place, and to commit an indecent act against the victim, the Defendant was aware of the victim with his/her son/ her son and son with his/her son/ her son and son with his/her son/ her hand, and became aware of the victim by selling

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

2. From September 22, 2017 to October 9, 2017, the Defendant: (a) from around September 22, 2017 to around October 2, 2017, violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the act of indecent act by minors under the age of 13) (the act of indecent act by force of the victim) committed an indecent act by reporting the victim who was seated above the thing keeping between the driver’s seat and the chief; (b) from September 2, 2017 to around October 9, 2017, on board a vehicle driven by C with the victim and the victim’s external mother C and opened an E festival; and (c) was able to look at the victim’s left her seat with the victim’s driver’s seat and the victim’s external mother C; and (d) was able to dance the victim with the victim

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

3. On January 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes at the Defendant’s House at the am (a minor under the age of 13) in the name of the Defendant at the am in the name of the same day, following the Defendant’s attempt to discover the victim in the stairs of the am-si Man-si, Changwon-si, Changwon-si, Mansan-si, and to commit an indecent act against the victim’s own business.