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(영문) 대구지방법원 영덕지원 2016.09.08 2016고합12
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
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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

The defendant is a shesheshesheshes in the victim C(Il, 11 years of age)-friendly D(Il, 11 years of age).

1. On November 7, 2015, around 22:00, the Defendant: (a) Daddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd

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

2. At around 11:00 on November 8, 2015, the Defendant: (a) placed a paper string in the vicinity of the FY-gun, Chungcheongnam-do; (b) placed a paper string on the street, she was off the victim’s panty and panty; and (c) went off the victim’s panty and panty; and (d) placed another Defendant’s sexual flag on the part of the victim’s panty.

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

3. On November 28, 2015, around 22:00 on November 28, 2015, the Defendant: (a) Daced the victim locked together with D, etc.; (b) Haced the victim’s chest; (c) Haced the victim’s chest and panty; and (d) Haced the victim’s sexual organ on the victim’s back to the part of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement of G and H;

1. Statement recording records (Nos. 2 of evidence list);

1. Application of Acts and subordinate statutes to report internal investigation (including submission of expert opinions on analysis of statements by the victim), internal investigation report (verification of camping out at the scene of crime (AF flight test site), investigation report (field photographs and summary attachment), etc. (including submission of materials attached thereto);

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning the facts constituting an offense and the selection of a sentence;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, among concurrent crimes, shall be the largest penalty.

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