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(영문) 창원지방법원 진주지원 2013.11.08 2013고합98
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
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

The Defendant, as a external village of the victim C, was in place of the mother of the victim who was hospitalized in the hospital due to a mental fission, was living together with the victim as his guardian in the residence of the victim, and was able to commit an indecent act against the victim in a situation where he was unable to resist.

1. On the day from 21:00 to 22:00 on the day of wintering between 21:00 to 22:00, the Defendant: (a) accumulated in the victim C (n't 10 years of age)’s dwelling area adjacent to the victim’s clothes; (b) laid off the victim’s clothes into the victim’s clothes; and (c) laid off the victim’s clothes into the upper part of the part; and (d) laid off the victim’s inner part of the body; and (e) laid the victim’s inner part on the part of the victim’s resistance, the victim saw the victim with the victim’s inner part; and (e) laid off the victim’s inner part of the body; and (e) tried the victim with the victim’s inner part of the body; and (e) took part in the victim’s inner part of the body, the Defendant she drankd the victim with the victim with the victim’s inner part of the body.

2. On the following day of the above paragraph (1), the Defendant committed an indecent act by breaking off the victim’s sloping at the above location at a scam and scam with the victim’s scam covered by the victim’s scam.

3. On June 201, 2013, the Defendant committed an indecent act by means of writing and rhyming the part of the victim’s as well as using the part of the victim, which was covered by his hand, on the following day from 23:00 to 02:00 on the following day, by entering a room where the victim (hereinafter the above victim (hereinafter the age of 12) was able to do so, in the same manner as the victim did so.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's blood victim's state to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes governing stenographic records;

1. Article 5(3) and (2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 299 of the Criminal Act on criminal facts.

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