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(영문) 청주지방법원 2018.10.12 2018고합113
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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 became aware of the Victim F (L, 11 years of age) who is a father of E through the Internet app “D” that finds a married customer. The Defendant became aware of the age of 40.

1. On January 20, 2018, the Defendant committed a crime on or around January 20, 2018, at the Defendant’s house located in the Chungcheongbuk-si Office G 201, the Defendant: (a) 22:00 to 23:00 on January 20, 2018; and (b) 201 on the Cheongbuk-si, the Defendant kept the victim in charge of and stuffed for himself/herself; (c) he/she was able to put the victim in the room room together with the victim, and she was able to look at the victim’s chest, and continued to put him/her in his/her panty in his/her panty with his/her finger.

Accordingly, the defendant committed an indecent act by force against a minor who is under 13 years of age by using the victim's non-satisfy condition.

2. On January 21, 2018, the Defendant committed a crime at around 08:00 on January 21, 2018, and around 08:0 on the place indicated in the preceding paragraph, the Defendant used the victim’s chest with a view to rhying the fact that the victim was diving, while putting the television on the room with the victim.

Accordingly, the defendant committed an indecent act by force against a minor who is under 13 years of age by using the victim's non-satisfy condition.

3. On January 27, 2018, the Defendant committed a crime on or around January 27, 2018, at the places indicated in the preceding port around January 27, 2018, the Defendant continued to put the victim in the room room with the victim so that the victim was locked by inserting her hand in the lock clothes of the victim, and continued to her finger by inserting her hands in the victim’s panty.

Accordingly, the defendant committed an indecent act by force against a minor who is under 13 years of age by using the victim's non-satisfy condition.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement made by the victim F in each video CD;

1. Each police statement made to E and H:

112 Application of 112 Reporting case handling lists, field photographs-related Acts and subordinate statutes;

1. Article 7(4) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes, Article 29 of the Criminal Act.

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