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(영문) 대전지방법원 천안지원 2014.01.15 2013고합268
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)
Text

Defendant shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for the crimes of the No. 2 and the No. 3 of the holding.

Reasons

Punishment of the crime

[criminal record] On May 15, 2013, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) were sentenced to a suspended sentence of three years for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) in the Support of the Daejeon District Court (hereinafter “Defendant”), and the judgment became final and conclusive on May 23, 2013.

【Criminal Facts】

1. On December 20, 2012, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under the age of 13) committed an indecent act by force against the victim under the age of 13 on December 20, 2012, following the Defendant’s entry of the victim E (a name, leisure, 10 years old) into the door room operated by the Defendant in front of the C Elementary School located in Seo-gu, Seoan-gu, Seoan-gu, Yan-si, and entered the victim E (a person under the age of 10) into the door room.

2. On October 9, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under the age of 13) committed an indecent act by force against the victim under the age of 13,00 on October 13, 2013, after allowing the victim to enter the said phrase room, by inserting her hand into the victim’s clothes, and making the victim take her part into the victim’s clothes, and by forcing the victim under the age of 13.

3. On October 11, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under the age of 13) committed an indecent act by force against the victim under the age of 13 on October 16, 2013, when: (a) discovered that the victim is living in a daily gift and entered the victim’s door room; and (b) made the victim take care of his/her chest into the victim’s clothes; and (c) made the victim take care of his/her chest into the victim’s clothes; and (d) made the victim commit an indecent act by force.

The Defendant committed a sexual crime on more than two occasions against a minor under the age of 19 and was convicted of having committed the same offense as the record of the above criminal records, but repeatedly commits an indecent act against a minor under the age of 13 by force, and thus, is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. The video recording CDs’ statement 1.

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