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(영문) 서울동부지방법원 2019.02.14 2018고합336
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

To the extent that there is no disadvantage to the defendant's right of defense, proper revision was made in accordance with the elements of the facts charged and evidence relations.

On August 2013, the Defendant was the parents of the victims who had taken care of the victim B (the 8 years old, the 8 years old, and the 8 years old) and the victim C (the 8 years old, and the 8 years old) after the divorce between Vietnam and Vietnam, and had the victims taken care of the victim's mother's her own bath for the victims since 4 years ago due to the health of D, the mother of the defendant who was in charge of raising the victims, and had the victims directly contact with the victims, and had the victims her mind that the victims are good, good, good, and good, and that they are the defendants who were put to the victim's mind by force.

1. Crimes against the victim B;

A. The Defendant, at night and night on the day when it is impossible to specify the date in 2017, was placed in Seongdong-gu Seoul Metropolitan Government E building, the Defendant’s dwelling place in the Defendant’s heading F, lying the victim on his side, and putting the victim into the victim’s panty, thereby holding the victim’s her panty.

B. The Defendant, at night and night, was unable to specify the date in 2017, by inserting the victim’s personal hand in his/her front seat, and met the victim’s sound book.

Accordingly, the defendant committed an indecent act against the victim B who is under 13 years of age by force by taking advantage of his status as father and father.

2. Crimes against victims C;

A. The Defendant, in a way to collect the Defendant’s office on Sundays, on which the date of 2017 can not be known, she saw the victim to take a bath, cut the body body with a hand, and laid off the body body, and then laid off the victim’s negative part with the victim’s own finger during which the victim was growing off.

B. From January 2018 to April 201, the Defendant was unable to know the date between the Defendant and the victim’s panty in the same place, and the victim’s panty in the next place was her panty and her traw.

C. On April to May, 2018, the Defendant was seated at the above place.

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