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(영문) 창원지방법원 거창지원 2015.07.09 2015고합9
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)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 was aware of the victims of intellectual disability 2 who frequently play in D's house located in G in G in G in G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the course, and was also a minor under the age of 13 who

1. On October 2012, the Defendant committed the crime around October 2012, the Defendant reported the victim (seven years of age) who was under the influence of drinking with D while drinking together with D at the above D’s house living room in order to commit an indecent act against the victim, and the Defendant included the victim’s hand in the victim’s clothes, and met the victim’s breast and drinking part, etc., and even though the victim committed the “math.” and even though the victim got sound, the Defendant continued to talk with the victim’s chest and drinking part, etc.

Accordingly, the defendant committed an indecent act by force against a minor under thirteen years of age and a victim with mental disability.

2. On November 17, 2014, the Defendant: (a) reported the victim (nine years of age) who was under drinking alcohol with D in the said D’s dwelling room around the night of November 17, 2014; and (b) led the victim to a way to have been able to commit an indecent act against the victim.

After that, the defendant let the victim, who was living together by the victim, out of the F, was reported on the television, put the victim's arms, etc. to the victim's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn'ss kn's

Accordingly, the defendant committed an indecent act by force against a minor under thirteen years of age and a victim with mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement by the witness D or F in this Court;

1. Application of the Act and subordinate statutes to a voice file CD containing a victim’s witness’s testimony;

1. Article 6(6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts (the occupation of indecent acts against the disabled by force) and Article 7 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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