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(영문) 대구지방법원 2015.11.25 2015고합223
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. Around June 2010, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (i.e., minor quasi-act by compulsion under the age of 13) reported the Defendant’s home located in Sinsan-si, that DoD (i.e., 12 years of age at that time; hereinafter “victim”) was divingd, and led the victim to knee and panty on the ground that the victim was covered by the victim, and knee and knee knee knee knee knee knee kne.

Accordingly, the defendant committed indecent acts against the victim under the age of 13 by taking advantage of the state of mental disorder.

2. On September 201, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent act by force in relation to relatives) reported the victim who was under the influence of self-harm at the place specified in paragraph (1) of this Article (the age of 13 years at that time) and went out of the victim’s her will and panty, left the victim’s her finger, her finger by gathering his finger with his/her son, left the victim’s her breast, brought the victim’s hand into the Defendant’s sexual organ, brought the victim’s hand into the Defendant’s her finger, followed the Defendant’s hand to take the Defendant’s hand on his/her her hand, followed the Defendant’s her son and her son on his/her her hand, and said, “When she speaks, she will do so, she will do not speak at any time, and she will do so.”

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

Summary of Evidence

1. Legal statement of the witness D;

1. Each police statement concerning D;

1. In cases of investigation reports (in cases of attachment of detailed reports on disappearances, such as missing children, etc.) and accompanying documents;

1. Application of Acts and subordinate statutes to certified copies of expulsion and family relation certificate;

1. Article 7(4) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10567, Apr. 7, 2011; hereinafter the same) concerning criminal facts, Article 299 of the Criminal Act (the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 201).

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