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(영문) 창원지방법원 마산지원 2012.11.21 2012고합93
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

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 is a big victim C.

1. In 2008, the Defendant: (a) was going on the body of the victim (the age of 11) who was living in the Defendant’s house located in Gohap-gun, Ma-gun, Ma-do; and (b) brought about the Defendant’s sexual organ on the part of the victim’s sound.

Accordingly, the defendant committed indecent act against the victim of the scarcity in the state of mental disorder.

2. In 2009, the Defendant was sitting in front of a computer at the bottom of the victim of 108, Gohap-gun E Apartment 108 (Taking place, 12 years of age) around the 2009, and was fright away from the victim who was sitting in front of the computer, and was fright away from the victim's chest.

Accordingly, the defendant committed indecent acts by force against the kins victim.

3. In 2010, the Defendant put in the said Defendant’s house with the victim (or 13 years of age) more and more by putting TV back to the victim’s back water, and forced him to put it into a tight speed.

Accordingly, the defendant committed indecent acts by force against the kins victim.

4. In 2010, the Defendant was a victim (the 13 years of age), who was divingd at the above Defendant’s home (the 13 years of age) and was living together with the Defendant’s sexual organ in the victim’s sexual organ.

Accordingly, the defendant committed indecent act against the victim of the scarcity in the state of mental disorder.

5. In 2010, the Defendant, at around A, 2010, kiddddd the victim after the victim, etc., who was divingd at the above Defendant’s home (here, 13 years of age), and her sexual flag, her knife with his her her her macker, and her knife with his her macker and her clothes, and her chest

Accordingly, the defendant committed indecent act against the victim of the scarcity in the state of mental disorder.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes to field drugs;

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Law No. 10258, Apr. 15, 2010; hereinafter the same shall apply) on criminal facts; Article 4 of the former Act on the Protection, etc. of Victims of Sexual Crimes (amended by Act No. 9932, Jan. 18, 2010).

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