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(영문) 울산지방법원 2015.08.21 2015고합94
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)
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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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant's wife C is between the mother E of the victim D (n, 13 years of age), and the defendant's family from the time the victim turns together to his family.

1. The Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor minor indecent act under thirteen years of age) at the residence of the victim D (the 9 years of age at the time of the commission of the crime) in Yangsan-si, the Defendant covered the victim's face with the victim's panty by walking the spanch of the victim who was divingd and walking the spanch of the victim, and reported the victim's spanty with the victim's panty, and reported the victim's spanty and spanch with the victim's spanch.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim who is minor under 13 years of age and was able to resist.

2. The Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minor, etc. under the age of 13) committed, around 03:00 on February 2, 2014, at the house of the victim D (the age of 12 at the time of the commission of the crime) of G Apartment B and 309, the Defendant discovered that the Defendant’s her father and her son H and the victim are living together with the victim at the time of the commission of the crime, took off the victim’s her son and panty by gathering the victim’s face between the victim’s her son and the her panty, took off the victim’s her face, and stopped the victim’s her son and her son from the victim’s her son, leaving the victim’s her body back, stopped the victim’s her son and her son’s her son, and brought the victim’s her chest into the victim’s chest and the victim’s clothes.

Accordingly, the defendant is under 13 years of age by force.

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