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(영문) 인천지방법원 2014.01.17 2013고합660
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is married with G in the family of the victim E (here, F) and is currently in a state of marriage.

1. 2008. 3. 하순경 범행 피고인은 2008. 3. 하순 16:00경 미국 조지아주 아틀란타시 H에 있는 피고인의 처고모의 집 3층 작은 방에서, 피해자(당시 10세)가 침대에 누워있는 것을 발견하고, 갑자기 피해자의 배 위로 올라가 피해자를 껴안고 피고인의 얼굴을 피해자의 얼굴에 비볐다.

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

2. 2008. 5. 하순경 범행 피고인은 2008. 5. 하순 15:00경 제1항과 같은 집 1층 거실에서, 피해자(당시 10세)가 소파에 엎드려 누워있는 것을 발견하고, 피해자의 등 위로 올라타 피고인의 성기를 피해자의 엉덩이에 밀착하여 상하로 움직여 비볐다.

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

3. On the first half of December 2009, the Defendant found the victim (the age of 12 at that time) who was located in the house of the head of the Defendant’s wife located in the U.S. Cho Jong-si, Cho Jong-si I in the early 01:00 on December 12, 2009, and the victim she was able to enjoy her clothes like the victim’s bed, and she was her part of her clothes, she was her part of her clothes, she was her part of her clothes.

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

Summary of Evidence

1. Defendant's legal statement;

1. A complaint, written answer, and written statement (to be prepared directly by a victim);

1. Application of Acts and subordinate statutes to hospital treatment copies (including written opinions);

1. The point of indecent act by compulsion of minors under the age of 13 as stated in the pertinent provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Decision on the Selection of Punishment, etc.: The amendment is made to the Act on the Protection, etc. of Victims of Sexual Crimes pursuant to Article 4 of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010) and Article 5(10 of the Addenda to the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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