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(영문) 청주지방법원 2013.11.15 2013고합160
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

After the Defendant came to know that the victim C (here, 10 years of age) living in the lower apartment floor was living well in the Defendant’s personnel affairs and was living in adjoining areas, the Defendant committed an indecent act against the victim with her sexual desire.

1. At around 12:15 on the spring date 2012, the Defendant committed an indecent act by assaulting a person under the age of 13 on the part of the victim, such as leaving the said victim C (the age of 9 at that time) who was going to the house after completing the school, and cutting off the victim’s own panty and boom, cutting off the victim’s personal body, and cutting down the victim’s body with his hand.

2. At around 08:00, the Defendant committed an indecent act by force against a person under 13 years of age by assaulting the victim’s her own son by causing sexual desire when the victim and the victim were left in the ward at around 305 of the above apartment house located on the spring day 08:00.

3. The Defendant, at around 10:00 on the night of spring 2012, she had been playing in the Defendant’s house in the stairs between the second and third floors of the said apartment house, by reporting the victim’s sexual desire to get his house, and committed indecent act by assaulting a person under the age of 13 by inserting the victim’s hand in a ditch between the victim and inserting his hand, and by assaulting the victim’s knife.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to expert opinions on protocol-Stenographic records and sexual assault cases against children with disabilities;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

1. Of concurrent crimes, entry of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act into paragraph (3) of the same Article which are heavier than that of concurrent crimes;

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