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(영문) 대전지방법원 2014.11.20 2014고합140
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

(e).

Reasons

Punishment of the crime

Defendant

In addition, on November 20, 2006, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") married with E, the mother of the victim D (in women, 12 years of age), and on September 14, 2009, the victim was adopted to have a blood relative with the victim.

1. At the time of November 201, the Defendant: (a) had to conduct an inspection of the body of the victim under the F apartment No. 109 410, Dong-gu, Daejeon, Daejeon; (b) had to conduct an inspection of the body of the victim; (c) had to put the hand into the victim’s clothes; and (d) was off and panty off and panty.

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

2. Around August 2013, the Defendant reported a victim who was divingd in the Daejeon Pungdong G or the room No. 304, which had been a residence at the time of his/her residence, and had his/her fingerd with the victim’s clothes, and met the chest and boat.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's state of difficulty to resist.

3. On October 2013, the Defendant: (a) reported the victim who was divingd in a ward located in Seo-gu Daejeon, Daejeon, the mother of the Defendant’s residence; and (b) stored the victim’s chest in the finger and her fingers.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's state of difficulty to resist.

4. At around 01:40 on May 17, 2014, the Defendant: (a) laid down a finger at the Daejeon Pungsung-gu I and B101, which is a residence; (b) laid down a finger with the inner part of the victim’s lower part; and (c) laid down a finger with the finger.

Accordingly, the defendant committed an act of inserting the victim's fingers during the victim's sexual intercourse by taking advantage of the victim's state of failing to resist under 13 years of age.

Summary of Evidence

1. Partial statement of witness D;

1. Statement made to D by the police;

1. The written table of the request for appraisal (the defendant and his defense counsel did not notify the defendant that the police may refuse to collect DNA (the collection of DNA) by using the defendant's hand saw, etc. as an appraisal material, so that the police did not notify the defendant that he may refuse to collect DNA.

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