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(영문) 대전지방법원 2018.08.16 2017고합461
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant committed the following crimes with disabilities of class 1 with intellectual disability in the state that the defendant lacks intellectual ability to discern things or make decisions due to lack of intellectual ability, such as serious decline in accident function, decline in impulse adjustment ability, behavioral disorder, decrease in reality judgment ability, etc.

[2017 Gohap 461] On September 8, 2017, the Defendant, around 17:47-17 to 17:50 on September 8, 2017, brought in the separate collection place in front of Daejeon Seodong C Apartment-gu 103, and the victim D (V, 6 years of age) who separately collects garbage, to sell the victim, etc.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

[2018 Gohap 192] The defendant is the child of the victim E(71) and the neighbor of the victim F(82).

1. On April 23, 2018, the Defendant damaged the property by cutting off the connective line of KRW 40,000,00 in the market price, which is the victim’s ownership, on the ground that the Defendant, under the influence of alcohol at the Defendant’s house located in Daejeon Seo-gu Incheon Metropolitan City, 103-dong 503, 103-dong 503, was under the influence of alcohol, but the victim was not known.

2. A special threat, the Defendant, at around 20:50 on April 23, 2018, in the Defendant’s house, at around 20:50, the Defendant: (a) took a knife (12 cm in length, 18 cm in length) of a knife, which is a dangerous object in the kitchen, in his/her hand, and took a knife (12 cm in length, 18 cm in length); (b) threatened the Victim F with the knife (12 cm in length, 18 cm in length) while taking the knife’s knife’s hand on his/her hand; and (c) threatened the Victim E with the Defendant’s body while taking the knife and knife’s knife and knife’s knife; and (d) threatened the Victim E by taking advantage of the Defendant’s knife’s attitude.

This is a dangerous thing.

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