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(영문) 부산지방법원 2012.11.02 2012고합779
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
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A defendant shall be punished by imprisonment for five years.

The access information of the accused shall be disclosed through an information and communications network for five years.

Reasons

Punishment of the crime

The defendant was the mother of the victim C (the age of eight at the time), and the victim was living together with the outer money, and the victim frequently visited the house of the defendant because he was living together with the victim and his wife.

1. At early 22:00 on August 2008, the Defendant: (a) discovered the victim’s personal computer at the Defendant’s home located in the Busan Young-gu, Busan High-do; (b) attempted to discover the victim’s personal computer and to commit an indecent act against the victim; (c) knee, knee, knee, knee, and kne, kne, kne, kne, kne, kne, kne, kne, kne, of the victim refusing to do so; and (d) continued to put the victim’s chest into the victim’s panty, and put the victim’s finger in the sound book.

As above, the Defendant committed an indecent act against the victim by force.

2. On August 2008, at around 08:30, the Defendant laid the victim with the heart of urgical money outside the house of the above Defendant, and then 2,000 won to the victim and 2,000 won to the victim. The Defendant mard the victim who refused to sit in the bend, and knife the victim’s head with his hand, and knife his hand into the inner part.

As above, the Defendant committed an indecent act against the victim by deceptive means and by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. An expert opinion on sexual assault against a child (disabled person);

1. Application of Acts and subordinate statutes to report on investigation (the contents of statements made by the victim, video recording and date and time of damage);

1. Article 4 of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010) and Article 8-2 (5) and (2) 2 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply) are the age of 13.

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