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(영문) 의정부지방법원 2016.11.10 2016고합259
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
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 was in a superior position to exercise absolute influence on a young victim due to the following reasons: (a) a person who, as a mother of the injured party C, has been financially assisted by his parents, who have difficulty in such circumstances; (b) a person in a superior position to exercise absolute influence on a young victim due to the high-speed, age difference, character, and the economic dependence of the Defendant.

1. Around 2004, the Defendant: (a) reported at the Defendant’s home located in Songpa-gu Seoul, Songpa-gu, that the Defendant she was playing a computer game by entering the room; and (b) opened the victim knee and knee; and (c) opened the victim knee; and (d) met the victim with the victim’s chest and fele by hand.

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

2. 피고인은 2007. 9.경 F에 있는 피고인의 집에서, 피해자(여, 10세)가 다시 놀러와 컴퓨터 게임을 하는 것을 보고 피해자의 바지를 벗긴 후 마주 보는 자세로 자신의 무릎 위에 앉히고 피해자의 입에 입맞춤을 하고 피해자의 음부에 자신의 성기를 비볐다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to connected written requests, stenographic records, internal investigation reports (related to the time and place of occurrence of crimes), investigation reports (specific time and place of occurrence), and investigation reports (Attachment to H message);

1. Article 4 of the Addenda to the Act on Special Cases Concerning the Punishment of Sexual Crimes and the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply), Article 8-2 (4) and (2) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 8059, Oct. 27, 2006; hereinafter the same shall apply), and Article 298 of the Criminal Act’s power over minors under the age of 13.

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