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(영문) 대구지방법원 김천지원 2014.04.25 2013고합161
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 2012, the Defendant: (a) sent shower at the Defendant’s home located in Sinsi-si, Sinsi-si, in his bath room, and (b) she sawd the victim D (the 10-year-old-age-age-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child

2. On September 1, 2013, the Defendant: (a) 16:00 on September 1, 2013, 2013, the Defendant reported the victim who was in a room at the small room of the above Defendant, and caused the victim to sit, and (b) was forced to commit an indecent act by force by putting the victim out of all clothes, such as the victim’s stacks and reflects, which expressed his intention of refusal, while refusing to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Written prosecution prosecution prosecution (the result of an expert analysis on the statement made by the victim D);

1. Police investigation report (Attachment to a certified copy of resident registration);

1. Application of statutes governing stenographic records;

1. Article applicable to criminal facts;

(a) Decision 1: Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, Article 5(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act

(b) Decision 2: Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of an indecent act by force in relation of relatives);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

(a) Paragraph (1) of the same Article: Punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment and punishment among the above crimes;

(b)Paragraph 2: Each of the above crimes, with heavy punishment.

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