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(영문) 수원지방법원 안산지원 2014.11.07 2014고합248
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

1. The defendant shall be punished by imprisonment for three years;

2. Provided, That the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant (the respondent and the respondent for the attachment order and the respondent for the probation order; hereinafter referred to as the "defendant") are the mother of the victim D.

1. Around August 2004, the Defendant, while working in a fishing place located in Won-si E (five years of age), together with D (five years of age), she produced her sexual organ to the victim, and she met her sexual organ with the victim’s hand.

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

2. On August 2006, the Defendant asserted that the parents of D(7 years of age) enter the office of the Defendant’s home located in Ansan-si, Masan-si, Masan-si, the Defendant did not have any entry into the office of the Defendant with the victim who was inside the house. However, in full view of the evidence adopted and examined by this court, such as the victim’s statement at the police station, etc., the Defendant is sufficiently recognized that the Defendant entered the office of the victim and was inside the office of the Defendant, and thus, the above argument by the Defendant is rejected.

On the part of the victim, the victim lying the victim into a bed, putting his fingers into the part of the victim, holding his fingers with the victim's hand, doing self-defense with the victim's hand, doing the victim's hand, and show the victim's semen, and putting the victim into a toilet, the victim's three figures at which the victim took the victim into the toilet were located.

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

3. On April 6, 2014, around 15:24, the Defendant sent to D (14 years of age) messages, such as “the Defendant’s house located in Ansan-si, the Defendant’s office using smartphones from the Defendant’s smartphones to the Kakao Stockholm,” “poned the end of the end of the end of the end of the end of the 14 years of age,” “Woman’s idea or idea in which the fingers can be put into the seat,” “a sexual relationship,” and “ponum,” etc.

Accordingly, the defendant is able to feel sexual humiliation or aversion to the victim through the cellular phone, which is a communication medium, for the purpose of inducing or satisfying his sexual desire.

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