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(영문) 부산지방법원 2015.09.18 2015고합386
미성년자의제강간등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is a person who works as an assistant nurse, and the victim D (n, 12 years old) is a disabled person of Grade III with intellectual disability, and the defendant became aware of the victim through a big fault of the victim who is an elementary school at the same elementary school on or around 2012 to 2013.

1. Indecent acts by compulsion of minors;

A. From January 27, 2015 to around 19:00 on January 27, 2015, the Defendant: (a) from the E-Ba stairs of the first floor, the victim’s residence located in the north-gu Busan, called the victim into the Kakaox; (b) as soon as possible the victim’s chest into the Kakaox; and (c) included the victim’s chest in the breab

B. From January 30, 2015 to around 19:00 to around January 18:00, the Defendant left the victim to the Kakakao Stockholm at the same place as the above paragraph (a), thereby spreading the victim’s chest to the Kakao Stockholm, and promptly entering the victim’s chest.

C. The Defendant from February 2015 to February 2015

3. At around 19:00, the victim was laid off from the entrance entrance entrance of the fourth floor of the 4th floor of the above paragraph (a) and was cut off the victim's pursuant to the Kakakao Stockholm, and was rhyd off on the upper part of the chest.

At around 19:00 on March 2015, the Defendant, at the same place as the above sub-paragraph (c), laid off the victim from Kakakao to be a Kakaox, and laid off the victim's jackets and laid down his chest.

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

2. At around 19:00 on April 22, 2015, the Defendant: (a) taken the victim’s body by cutting the victim into a Kakaox in the same place as the foregoing paragraph 1(c); (b) taken the victim’s body using smartphones in order to walk the victim’s body; (c) taken the victim’s body off his/her body as soon as possible; and (d) took the victim’s body on the part of the victim, and had sexual intercourse once with the victim on the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim under 13 years of age.

Summary of Evidence

No. 1 crime at the time of sale.

1. Defendant's legal statement;

1. Records of each statement made in D;

1. A report on investigation (a list of evidence Nos. 22, 23, 40);

1. The actual condition survey report;

1. The second crime committed against the sale of the protocol of seizure;

1. Partial statement of the defendant;

1. Records of each statement made in D;

1. F, G, and H:

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