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(영문) 대구지방법원 포항지원 2018.02.22 2017고합108
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant first becomes aware of the Victim E (I, 9 years of age) who was residing and living in a children's center located in Kim Sea-si, Kimhae-si, and, unlike other children, was aware that the victim ageed, was aware that he would not refuse the Defendant's demand, and would commit indecent act and sexual intercourse with the victim, who was living in a children's center located in the area of "D" city in Kim Sea-si.

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes against minors under the age of 13) committed an indecent act against a victim under the age of 13 by force, on February 27, 2017, who was a victim who was playing water together with other infants in G in the GF on Kimhae-si on February 27, 2017.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (only between minors under 13 years of age, including deceptive schemes, etc.) the Defendant, on April 2, 2017, sent the victim to the shower room, corrected the entrance door, and then took the victim’s strong fishing group into force. The Defendant was attempted to have sexual intercourse with the victim under 13 years of age since the victim’s sexual organ was not inserted into the victim’s sound book by force by inserting the victim’s scam and panty.

The facts charged in this part of the facts charged are those violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a deceptive scheme, etc. against minors under the age of 13) due to the sexual assault between the threat of minors under the age of 13, and there is no proof of criminal facts as seen below in the judgment of innocence. However, this part of the facts charged contain the criminal facts of attempted crimes between minors under the age of 13 and the criminal facts of reduced crimes in light of the progress of the hearing of this case, which are the reduced facts, may give substantial disadvantages to the Defendants’ exercise of their right to defense.

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