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(영문) 대구지방법원 포항지원 2015.04.20 2014고합71
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
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 the victim C(here, 12 years of age)'s outer money and the victim's shesheshes.

The defendant had a mind to commit an indecent act against the victim by using the circumstance that the victim with low age did not actively resist himself/herself, who is out of the military.

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force on the Punishment, etc. of Sexual Crimes) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent act by force against minors, quasi-minors under the age of 13): From 02:0 to 03:00 on December 2, 2013, the Defendant, at the home of the Defendant, who was diving in the beds with the Defendant’s children (the age of 11) and the victim, put his grandchildren in the inner part of the victim, and became the chest of the victim.

While the defendant was carrying the victim's chest as above, the victim, the defendant continued to shoulder the victim's breast, the victim's breast by her hand, the victim's breast by her hand, the victim's finger by her hand, the victim's finger by her panty, the victim's finger by her hand, and the victim's body was taken by her body, and her inside the victim's entrance.

In this respect, the defendant committed an indecent act against the victim by taking advantage of the victim's mental disorder or resisting condition of the victim, who is the victim under 13 years of age.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minors under the age of 13) was under the victim’s chests under the clothes for about 30 seconds, when he was seated on the part of the above Defendant’s house and dried up with the victim at around 09:00, on December 2, 2013, he was under the influence of the victim’s chests with his arms and side gate.

Accordingly, the Defendant committed an indecent act against the victim who is under 13 years of age by fraudulent means or by force.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement recorded in the video CD;

1. Statement to E by the police;

1. Investigative report (a photo of the content of damage sent by the injured party to Kakao Stockholm’s mother)

1.Each.

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