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(영문) 대전지방법원 천안지원 2014.10.01 2014고합132
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
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

[criminal record] On April 17, 2014, the Defendant and the respondent for an attachment order or a probation order (hereinafter “Defendant”) were sentenced to imprisonment for one year, a suspended execution of two years, and an order to attend a lecture at the District Court for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the said judgment became final and conclusive on April 25, 2014.

【Criminal Facts】

At around 21:00 on November 12, 2008, the Defendant discovered the victim in front of the Ba, where the victim C (Gaak, Gaak, and 8 years of age) resides in the astronomical city, and brought a part of the victim's body into the victim, and then, “I am g glarg, glarg, and glarg,” and put the victim's hand into the victim's sexual intercourse with “I am glarg, glarg, glarg., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g.,

Accordingly, the defendant committed indecent acts by force against the victim under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or victims;

1. One copy of a report on the occurrence of a suspected sexual crime, report on the situation, scene, victim's photograph, response to a request for appraisal, notification of the current status of the same person as a result of comparison between DNA-DB, investigation report (information on the results of DNA identification data search), investigation report (information on the results of DNA identification data search), and notification of the results of DNA identification search;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, output of criminal records of a suspect, and application of one copy of the judgment which shall be 2014 high-class 38 high-level 38 high-level court records;

1. Article 8-2(3) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Amended by Act No. 10258, Apr. 15, 2010) and Article 298 of the Criminal Act regarding criminal facts: Provided, That the upper limit of punishment shall be April 15, 2010.

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