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(영문) 대구지방법원 포항지원 2018.04.05 2017고합72
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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 the mother of victimized children C(n, 9 years of age).

1. In around 2014, the Defendant forced indecent act was out of the place around the insular wall of 2014, and entered the north-gu D apartment house 103 1001 at the port where the Defendant and victimized children’s residence, and entered the victim’s room, and opened the victim’s hand back to the victim’s pande, and limited the victim’s pande by inserting hand into the victim’s panty.

2. In around 2015, the Defendant forced indecent act was out of the place around the insular wall of 2015, and entered the north-gu D apartment house 103 1001 at the port where the Defendant and victimized children’s residence, and entered the victim’s room, and opened the victim’s hand back to the victim’s panty, and limited to the victim’s panty.

3. On February 2016, from around February 2016 to March 2, 2016, the Defendant was forced to commit an indecent act and entered a new director from around the time of the new wall to around March 2016, 10: (a) the Defendant, who was living together with the victimized child, and (b) 103 and 1302 of the North-gu D apartment unit 103 and 1302; (c) entered the victim’s room; (d) opened the victim’s panty; and (e) opened the victim’s panty to the victim

Summary of Evidence

1. Statement of witness E in the third public trial protocol;

1. Statement made by the witness F in the fourth public trial record;

1. Statement of the police statement related to G;

1. Each statement, record, or record recording of a victim contained in a video recording CD or a recording CD (2 copies);

1. Notice of the written opinion on sexual assault cases under the age of 13 and the results of statement analysis;

1. Application of Acts and subordinate statutes on internal investigation reports (in the event that the victimized child has recorded his/her statement, an attachment to one fluorite picture), investigation reports (Attachment to video recording CDs);

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

1. Crimes under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act [Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as Fraudulent Means by minors under 13 years of age) stated in Article 38(1)2 of the same Act shall be applicable to concurrent crimes.

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