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(영문) 창원지방법원 2014.01.16 2013고합285
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)등
Text

The defendant shall be punished by imprisonment with prison labor for not less than two years and six months and by imprisonment for not more than three months with prison labor for the crimes of No. 1 and No. 2.

Reasons

Punishment of the crime

[Criminal Power] On July 9, 2013, the Defendant was sentenced to a suspended sentence of two years on July 17, 2013 by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) at the Busan District Court.

【Criminal Facts】

1. On January 6, 2013, the Defendant committed an indecent act by compulsion against the victim C (the age 41) with a view to committing an indecent act against the victim C at the E set soup and soup in Yangsan-si D, and committed an indecent act by taking advantage of the victim’s state of resisting, knee and knee, etc., by taking out the victim’s next kne as the victim’s kne and kne, etc. on the part of the victim.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor, quasi-rape, etc. under thirteen years of age) discovered the victim F (a 12 years of age) of C, who was divingd by the her being locked next to the her influor or any other indecent act at the time and place specified in paragraph (1), committed an indecent act against the victim by taking advantage of the victim’s chest and vessel by taking out the victim’s chest and vessel against the victim’s escape.

3. The Defendant, at around August 6, 2013, committed an indecent act by compulsion against the victim G (the age 22), committed an indecent act on the part of the victim G (the age 05:40 on August 6, 2013.

The Defendant committed an indecent act against the victim by taking advantage of the victim’s state of refusal to resist, such as taking the victim’s hand over, putting the hand into the part of the victim’s part, leaving the part of the hand, and committing an act of self-defense with left hand.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement given to C (n, 41 years old), J, K, G (n, 22 years old);

1. Statement recording records, investigation reports (in addition to field photographs, passport copies to the victim F), screen images taken;

1. Previous records: The application of the Act and subordinate statutes to refer to inquiries, such as criminal records, amounts of dispositions, and results of confirmation;

1. Criminal facts;

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