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(영문) 창원지방법원 2015.06.18 2015고합33
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

Imprisonment with prison labor for the crimes of No. 1 and No. 3 in the judgment of the defendant, two years and six months, and five years for each crime of No. 2 in the judgment.

Reasons

Criminal facts

On November 14, 2006, the Defendant was sentenced to three years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), and completed the execution of the said sentence on June 27, 2009.

On November 16, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor at the Changwon District Court for the crime of interference with business, etc., and the judgment became final and conclusive on February 1, 2013, and completed the execution of the said punishment on July 5, 2013.

1. In 2011, the Defendant: (a) committed the crime of Aggravated Punishment, etc. of Sexual Crimes (Indecent act by force in relation to relatives) (hereinafter “the crime of Aggravated Punishment, etc. of Sexual Crimes”) refers to the Defendant’s home located in Sung-si, Sung-si, 2011, “dol”; (b) the chest and sexual organ of the victim D (10 years of age at the time) who is his/her father and her mother; and (c) the victim got the victim to talk with the Defendant’s sexual organ; and (d) the victim refused the victim’s sexual organ; and (d) committed an indecent act by force against the victim, who is his/her blood relative, by having the victim take care of the Defendant’s sexual organ against him

2. The crime on August 30, 2014;

A. On August 30, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent act by force in relation to relatives) committed an indecent act by force against the victim, by putting his/her chest out of the Defendant’s house and entering the room of the victim as referred to in paragraph (1) (at the time 12 years of age), who was divingd by the victim, leading him/her to the victim after the victim, and by attracting him/her to the victim.

B. Around the same day, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor rape under the age of 13) retired from the Defendant’s office at the same time on the same day, where E, a woman living together with witness to the crime of the above paragraph (a), drink the victim’s alcohol, enters the room of the above victim, and Hadge Hadge Hadge Hadge Hadn Hadge Had Had Had Had Had Had Had Had Had

Accordingly, the defendant tried to rape the victim under 13 years of age.

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