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(영문) 춘천지방법원 강릉지원 2012.12.20 2012고합114
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 2007, the defendant had become aware of the victim E (the 6 years of age at the time) who is his/her father, as he/she had been paid to D and adjoining D in the house of his/her own Dong-si.

1. On 13:00 on the date of 2008, the Defendant committed an indecent act, such as putting the victim, who was playing at the Defendant’s house located in the Defendant’s house at his house located in the Gangwon-si (the age of eight at that time), away from the Defendant’s house on every set of the living room, cutting off the her house on a hand, making the female booms, having the victim take a bath for her bath, taking the victim’s bath, and taking the brue into the brush, putting the part of the clothes into the body of her body, and talking with the Defendant.

2. On July 2010, the Defendant committed an indecent act, such as setting up the victim’s house in Gangwon-do (10 years of age at that time) in the house C at the time of Gangnam-gu, Gangwon-do, the Defendant committed an indecent act by: (a) reporting the victim’s lying on the bed; and (b) holding the victim’s panty with the victim’s panty right by placing the victim’s hand into the panty

3. On November 201, 2010, the Defendant committed an indecent act, such as reporting the victim who returns home at the Defendant’s street store located in G located in G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the Dong

4. On November 22, 2011, at around 20:00, the Defendant committed an indecent act, such as: (a) entering a victim’s computer at the victim’s house as described in paragraph (2) with both hands, and covering the victim’s 11 years old as well as covering the Defendant’s hand for about 15 minutes; (b) inserting the Defendant’s hand into the victim’s panty, thereby gathering the victim’s hand into the victim’s panty; and (c) raising the sound part.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age by force over four times.

Summary of Evidence

1. Each legal statement of D and E;

1. Statement of D police statement;

1. Stenographic records;

1. Certified copy of resident registration and family relation certificate;

1. Application of forest Acts and subordinate statutes;

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

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