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(영문) 전주지방법원 군산지원 2019.02.14 2018고합108
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

The defendant's information about the defendant shall be made through an information and communications network for five years.

Reasons

Criminal facts

In addition, the facts constituting the cause of the request for attachment order were partly corrected or revised according to the facts obtained through the examination of evidence without any amendment process to the extent that the facts charged in this case do not disadvantage the defendant's

[criminal record] On May 17, 2001, the Defendant and the person subject to a request to attach an electronic device (hereinafter “Defendant”) were sentenced to ten months of imprisonment due to indecent act by force in the Jeonju District Court’s military mountain support, etc. On July 22, 2011, the Defendant was sentenced to seven years and six months of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by force in relation to relatives), and completed the execution of the sentence in the Jeonju prison on October 24, 2013. On April 26, 2016, the Defendant and the person subject to a request to attach an electronic device (hereinafter “Defendant”) were sentenced to eight months of imprisonment for a crime committed by violating the Act on Probation and Electronic Devices against Specific Offenders, etc., and completed the execution of the sentence in the Jung Eup prison on December 22, 2016.

【Criminal Facts】

On September 22, 2018, around 09:50 on September 2, 2018, the Defendant: (a) reported pet dogs that she had taken on the rear side of the B Apartment-dong B apartment C, Y, and (b) sent the victim and the said E to the same school-friendly E, such as the victim D (one, ten years of age), and the victim, “I want to inform the law to go to the school, and go to the house,” and (c) sent the victim and the said E to the above apartment F, one of his dwelling.

At around 09:57 to 10:04 on the same day, the Defendant forced the victim to commit an indecent act by inducing the victim's her body by taking the victim's hand, leading the victim's hand, leading the victim to the victim's sexual organ with his/her clothes, and making the victim spons his/her body, and making the victim spons his/her body with his/her hand, and making the victim spons his/her body through the ward.

Accordingly, the defendant committed an indecent act on the part of the victim who is under 13 years of age.

[Judgment of the court below] The defendant is sentenced to imprisonment with prison labor for sexual crimes and the execution thereof.

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