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(영문) 창원지방법원 진주지원 2015.01.15 2013고합112
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
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

1. At around 23:00 on the day of 2011, the Defendant, at the Defendant’s home room located in Jinju-si, at around 23:00, left the Defendant’s body, kiscing the Victim D (A) who is a minor under the age of 13, from the Defendant’s home room located in Jinju-si, left the victim on the floor, kiscing the victim, leaving the victim on the floor, leaving the victim to resist the body, and kiscing the Defendant’s body, leaving the victim into the kis, leaving the kis, and leaving the kisc.

Accordingly, the Defendant committed indecent act against the victim under 13 years of age by force.

2. On January 201, 201, the Defendant: (a) 1 on the date 201, at around 01:00, at the place indicated in paragraph (1) at the date 01:1, the Defendant: (b) taken the victim’s mind to force indecent act by force; (c) taken the victim on the floor; (d) taken the victim’s body on the floor; (d) prevented the victim from going on the body; (e) kids; and (e) kids down the Defendant’s body; and (e) kids down the Defendant’s body

Accordingly, the Defendant committed indecent act against the victim under 13 years of age by force.

3. On 4:00 on the date 201, the Defendant committed the crime at around 2011, at around 04:00, at the place indicated in Paragraph 1, the Defendant: (a) taken the victim’s mind to force indecent act by force; (b) taken the victim on the floor; (c) taken the victim’s body on the floor; (d) kis down the victim; and (e) kis down the victim’s body; and (e) kis down the Defendant’s body, kis down the victim and kis down the Defendant’s body.

Accordingly, the Defendant committed indecent act against the victim under 13 years of age by force.

Summary of Evidence

1. The defendant's legal statement (the statement on the 12th trial date);

1. Each legal statement of witness E, F, G, and D;

1. A statement made in D contained in each video recording CD;

1. Letters submitted D;

1. Records of personal counseling;

1. A certified copy, family relation certificate, etc.;

1. Application of Acts and subordinate statutes to expert opinions on sexual assault cases against children with disabilities;

1. Article 7(5) and (3) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); and Article 298 of the Criminal Act regarding criminal facts.

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