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(영문) 수원지방법원 안산지원 2013.05.03 2012고합695
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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

Victim C was the same half of the defendant's friendship in the fifth year of the elementary school.

1. From May 201 to June 201, 201, the Defendant, at the Defendant’s house No. 301 in Ansan-si, Mamangu, Ansan-si, Mansan-si, Mamando-si, Mansan-si, Mansan-si, and 21: (a) requested the above victim (the age of 11 at the time) who was under the influence of alcohol to kis kis; and (b) committed an indecent act by force against the victim by making kiscing the victim’s head to let kisc down kisc; and (c) forced kisc

2. On February 15, 2012, the Defendant, at around 15:00, committed an indecent act by force against the victim, by stating that he/she was unable to perform his/her care and his/her care (at that time, he/she was 11 years of age) in his/her care and, at that time, he/she was unable to perform his/her care.

3. On February 2, 2012, at around 07:30, the Defendant committed an indecent act by force against the victim by inserting the victim’s hand into the victim’s panty line, putting him/her inside his/her panty line, leaving his/her son and her son, waiting for his/her son for his/her son for his/her religious intercourse (the age of 11 at that time), and putting him/ her over his/her son and her son’s panty line, thereby forcing the victim to commit an indecent act.

4. 피고인은 2012. 4. 17. 07:30경 위 피고인의 주거지에서, 피고인의 딸과 등교를 하기 위해 기다리던 위 피해자(여, 당시 12세)를 무릎에 앉힌 뒤 “생일인데 뭐 사줄까”라고 하면서 피해자의 귀를 만지고 피해자의 귀를 핥으려고 하는 등 피해자를 강제로 추행하였다.

Summary of Evidence

【Each fact described in paragraphs 1, 2, and 4 at the market】

1. Partial statement of the defendant;

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

1. Partial statement of the police interrogation protocol of the accused;

1. The statements of C in two video recordings;

1. The family relation certificate, a certified copy of resident registration (A), a recording book, a counseling day (92 to 97 pages of investigation records), the progress records of sexual assault cases, and the written opinion of experts in sexual assault against children with disabilities C;

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