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(영문) 인천지방법원 2017.02.15 2016고합817
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, upon the request of the mother of the victim C (math, 8 years old) and the neighbor C due to the victim C's death, was able to look at the victim at the victim's house during the period of the above D's house.

1. On October 2016, the Defendant committed the crime of mid-2016, the Defendant committed a guard game with the victim at the home of the victim located in Namdong-gu Incheon, Namdong-gu, Incheon, for the purpose of forcing the victim to commit an indecent act with the victim, placed the victim on the floor, prevented the victim from getting out of the victim's body, and prevented the victim from getting out of the victim's body. The Defendant stated that "the victim's body is different from that of the male. female body." The Defendant's sexual organ was written back on the part of the victim's body, and continued to put the victim's chest by his hand.

2. On November 1, 2016, the Defendant: (a) around November 1, 2016, at the victim’s house as indicated in paragraph (1) of the same Article, the Defendant: (b) taken the victim’s mind to force the victim to commit an indecent act; (c) prevented the victim from leaving the victim’s body on the floor; and (d) stated that “the female and male body is different from the body of the victim; (d) helps the victim conduct sex education; and (e) the victim stated that “the victim shall have the body of the female and male; (e) have the body of the female; and (e) have the body of the female and male; and (e) have the victim attend the victim’s body on the part of the part of the victim’s body and continuously sustained from the victim, and (e) took the victim’s part in the victim’s body with his/her finger and panty, and (e) took part in the victim’s finger.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Statement made by the police against D;

1. Application of F message photographic Acts and subordinate statutes

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment of such crimes;

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 (Article 50 (Article 2) of the Criminal Code .

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