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(영문) 창원지방법원 2012.11.22 2012고합425
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On September 26, 2012, at around 02:14, the Defendant confirmed that he/she was married to the victim D (here, 12 years of age) who is his/her father, who is his/her father, of his/her cohabiting female, by phoneing to the victim D (the 12 years of age), and committed an indecent act against the victim under 13 years of age by force on the part of the victim, who was found out in the victim's home located in Changwon-si, Changwon-si, Changwon-si, and 12:40 on the same day.

2. After that, the defendant left the floor of "I would soon get off the victim," and left the floor of "I would soon get off the victim's body," and prevented the victim from resisting by putting the victim on the part of the victim, and then fright the chest into the house, cut down the boat, cut the finger on the part of the part of the body of the sexual flag against a person under 13 years of age by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The defendant and his defense counsel asserts that the crime of this case was committed under the lack of the defendant's ability to discern things or make decisions by force after drinking.

In full view of all the circumstances, such as the process and means of the instant crime, the Defendant’s act before and after the instant crime revealed in the public trial and the record, it is recognized that the Defendant was under the influence of alcohol at the time of the crime, but it does not seem that the Defendant had a weak state of the ability to discern things or make decisions. Therefore, the foregoing assertion is rejected.

Application of Statutes

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on Criminal Crimes, Article 298 of the Criminal Act (Indecent Acts by Force and Selection of Imprisonment) and Article 7 (5) and (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (in cases of

2. The Criminal Act among concurrent crimes;

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