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(영문) 대구지방법원 경주지원 2019.05.23 2019고합15
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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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 was living together with the victim B’s friendly C and the victim’s son from the end of 2016 to the school restriction. From December 2017 to July 26, 2018, the Defendant liveded with the victim’s friendly relationship with the victim’s D building, E, and the victim’s friendly relationship.

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by force) is around December 2017, when the victim and his mother were to live together with the victim on or before December 2017.

The mother-child of the victim was concentrating on TV program while the victim was playing together with his/her mother(the 9 years of age at that time) in the F building of the racing city and the defendant's residence, and after completing meals with his/her mother, the victim's breast part was knife of the victim's chest by using the gaps that could not be used by the victim.

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

2. From December 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minors under thirteen years of age) committed an indecent act against the victim by using the victim’s father’s mind that the victim follows himself/herself as his/her father and did not resist.

At around 21:00 on the date of 2018, the defendant committed the crime at the above address of the victim (at that time, 10 or 11 years old) who was divingd from the second floor of his room at the above address in the year of 2018, exceeded the victim's panty to her panty, her panty, went back to the victim, her her her spanty, her gate was her back to the victim, her gate back to the back, her gate back to the back, her gate back to the back, her gate back to the victim, and her gate back to the back to the middle room.

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

B. Around June 2018, the Defendant committed the crime committed on or around June 2018, in a ward at the place of residence above the time and around June 2018, put his hand into the ward’s clothes of the victim (at that time, 11 years old), and delivered the victim’s chest, and refused to do so.

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