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(영문) 춘천지방법원 강릉지원 2017.05.18 2016고합87
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

A. The Defendant, who was the mother of the Victim C (M, 11 years old) in around 2005, is a person who taught with D around 2005.

On November 2005, the Defendant 21:00 to 22:00, from the victim's house located in Gangnam-si, Gangnam-si, B 5*, the Defendant was seated in the sofion of the living room. While viewing TV together with the victim who opened the room under the sofet, the Defendant she was locked by the victim with the locked and the victim's inner part, laid down the finger part of the chest and bro on the part of the victim, laid down the victim's chest and brogate above, and laid down the victim's chest and brogate into the upper part of the victim's chest, and laid the victim's panty with the victim's panty.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age by taking advantage of the fact that the victim was unable to resist due to sleep.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement of part of the statement in the second interrogation protocol of the police officer against the defendant (including the part concerning D's statement);

1. Each police statement made with respect to C and D;

1. Investigative report (in the course of investigating victims, limited forests), and internal forests;

1. Application of the Acts and subordinate statutes to photographs by cutting down letters submitted by the complainants and reference witnesses D;

1. Article 8-2 (3) and (2) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Amended by Act No. 8059, Oct. 27, 2006); Article 299 of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. A disclosure order or non-disclosure order or non-disclosure order shall not be subject to an disclosure order or notification order, because it is a sexual crime against a juvenile of 11 who was committed before June 30, 2006 (the disclosure order or notification order shall not be subject to an order (Supreme Court Decision 2002Do248, Feb. 13, 2014).

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