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(영문) 대구지방법원 포항지원 2016.05.23 2015고합136 (1)
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who works as a driver at a private teaching institute located in Northern-gu C at the port of port, and the victim D (V, 9 years old) was a person who takes lessons at the private teaching institute at the above private teaching institute, and the Defendant was working for the victim to return the victim to the private teaching institute by using Eone Star Corma to the private teaching institute.

1. From April to May 2015, the Defendant committed a crime in a private teaching institute parking lot around April 2015 to April 2015.

5. At around 19:00 on a day, the name of the victim who was seated on the rear seat of the driver’s seat and was under the influence of the victim who was fluorily fluored.

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

2. From April to May, 2015, the Defendant committed a crime near Northern-gu C at the port of one-way to North Korea on April 2015.

5. At around 15:00 on the date, when the victim was born to the son's residence in north-gu C at the port of port by putting the victim into the son's seat, the victim stated that "the son's seat" was "the son," and got the victim's son who was seated in the back seat of the son's seat, and became only the buckbucks of the victim.

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

3. On September 21, 2015, the Defendant committed a crime in the parking lot of a private teaching institute: (a) 19:00 on September 21, 2015, the Defendant tried to use the victim who tried to board a vehicle to return home from the parking lot of the said private teaching institute, and (b) to use the victim’s cryp for entering the boom.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes on the statements of the victim recorded in video recording CDs;

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which are applicable to the crimes;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (No. 1 of the Judgment with the largest penalty) of the Aggravation of Concurrent Crimes.

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