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(영문) 창원지방법원 2016.03.31 2015고합241

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a disabled person with intellectual disability 2nd degree, lacks the ability to discern things or make decisions due to a very low understanding, judgment, abstract thinking ability, etc., the Defendant committed a police officer’s behavior by suffering a kis described as “Seoul Police Station” and putting him/her in his/her residence, and her behavior by attracting children playing in his/her place of residence as a C elementary school playground near the Defendant’s dwelling, or giving him/her a decoration without any particular reason.

1. On July 18, 2015, from around 11:00 to around 12:00, the Defendant committed an indecent act against a minor under 13 years of age on the part of the victim E (eight years of age) who was a minor in the C elementary school playground located in Kimhae-si, and a police officer who was playing at that place, she brought the victim behind and moved the victim into a grass forest behind the sports hall, and let the victim sit down in knee and let the victim sit down into kne.

2. The Defendant 1, at the time and at the place specified in the above paragraph 1 above, twiter E in a playground, and twiter E in a play room, had a minor, who was playing in the said place, take the victim’s F (8 tax) in a grass forest behind the above sports hall, and kneee the victim, sit the victim, and deducted the victim’s life. The Defendant 2, by hand, committed an indecent act against the minor under 13 years of age by forcing the victim to take part in the part of the victim’s distribution and knee and knee, and by taking part in the part of the victim’s sexual part.

3. The Defendant 1 committed an indecent act against a minor under the age of 13 by forcing the victim to sit the said grass forest with the victim G (or 8 years old) who was a minor under the above paragraph 1 at the time, place, and with the victim G (or her age 8), and by inducing the victim to go to the grass forest by bringing the victim's her living together. The Defendant 1 committed an indecent act against a minor under the age of 13 by taking the victim's hand, bringing the her son into the playground, bringing the defect into the playground, bringing the victim into the game following the victim's her own rear, bringing the victim into a knee.

(i) the evidence;