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(영문) 대전지방법원 홍성지원 2017.11.09 2017고합35
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
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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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from August 2009 to October 2009, tried to go up to the family of the Defendant, who was playing in the Defendant’s residence located in Hongsung-gun Hong-gun, Hongsung-gun, Hongsung-gun, to go up to his/her book to the Defendant D (Ga name, woman, and 7 years of age).

the victim saw the victim on his/her leg, and she saw the victim on his/her her leg, and she saw the victim her vegetable vegetable.

In other words, the victim's indecent act was committed by inserting the hands into the panty of the victim and spreading the sexual flag.

Accordingly, the defendant committed an indecent act against a child under 13 years of age.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Partial statement of the witness F;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Application of Acts and subordinate statutes on police statements made to D, E, and F;

1. Article 8-2(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply), Article 298 of the Criminal Act, the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010) (amended by Act No. 10259, Apr. 15, 2010)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 4 of the Addenda to the Act on the Protection of Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012; Act No. 11572), Article 21(2) main text and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In the case of an order of exemption from disclosure order, there is no ground provision imposing an exemption order on the instant crime committed from August 2009 to October 2009.

Article 5(1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572, Dec. 18, 2012); Article 5(1) of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended on June 9, 2009).

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