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(영문) 대구지방법원 포항지원 2018.03.22 2017고합90
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
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A defendant shall be punished by imprisonment for two years.

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

The defendant, who is in a private relationship with the victim J (J, 23 years old) and relatives, including the defendant and the victim, have been gathered every year at the large house located in Yongcheon-si on the day immediately before the year, and has been locked on the next occasion.

1. On September 11, 2003, the Defendant violated the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Rape, etc. of Minors under the age of 13) committed an indecent act on persons under the age of 13 on September 11, 2003 by inserting the hand in the panty of the victim J (the age of 9 at the time) who was in his/her own interest in diving, at a large house located in Yongcheon-siK around September 11, 2003.

2. Violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof on September 28, 2004 (Rape, etc. of minors under the age of 13);

A. On September 28, 2004, the Defendant committed an indecent act against a person under the age of 13 by inserting his hand into the panty of the victim J (the age of 10 at that time) who was under the panty of the victim J (the age of 10 at that time) at the large house located in Yongcheon-si, Youngcheon-si, 200.

B. On September 28, 2004, the Defendant committed an indecent act against a person under the age of 13 by inserting her hand in the panty of the victim J (the age of 10 at the time) who covered the fry and reported television at the large house located in Yongcheon-si, Yongcheon-si, 200.

3. On January 26, 2009, the Defendant violated the Act on the Protection of Juveniles from Sexual Abuse (including juvenile rape, etc.) committed an indecent act on the panty panty of the victim J (the age of 15 at that time) who was suffering from diving and committed an indecent act on the chest at around 03:00 on January 26, 2009.

Summary of Evidence

1. Statement of the defendant in the first trial record;

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

1. Statement made by the police to J;

1. A criminal investigation report (Submission report, such as evidence of a victim);

1. Application of data prepared by the victim and the L messages statutes sent by the defendant to the victim;

1. Article 4 of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010) and Article 4 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (No. 790, Oct.

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