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(영문) 춘천지방법원 강릉지원 2020.06.04 2019고합85
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)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 between B and the father of the foreign father, and C is between B and B, and the victim D (one-third years of age), the victim E (one-one year of age, one-one year of age) and the victim E (one-one year of age) are the father of the victims.

From the perspective of December 2018, the Defendant, from the perspective of the mother of the victims, died together with the victims. From the perspective of the victims, the victims were unable to easily notify other persons of indecent acts because they lack the age and ability to make judgment, and sexually changing ability is lacking. The victims were able to commit indecent acts by using the time when the mother of the victims did not live in his house.

1. On May 2019 or June 2019, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) against the victim D entered the room of the victim D and E under the influence of alcohol in F apartment G in the same year, and the victim D, who is under the influence of alcohol in F apartment G, write and rup the victim’s head, and ruptures the victim’s head with his/her own hand, and rupe the chest by walking the victim’s dog with his/her panty, and ruptures the victim’s body by inserting his/her hand into the panty.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

2. Around 00:40 on July 26, 2019, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13) against the victim E entered the above apartment G, and entered the victim E and D room under the influence of alcohol, and he left the victim’s clothes by taking out the victim E, who is enjoying on the teth lease, and immediately left chest of the victim’s clothes by taking the victim’s personal hand over the lock.

After the victim who was able to report the wall again, the defendant sleeped to the victim's clothes and her tamp.

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

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Stenographic records (victim D’s statement), CDs victim D.

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