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(영문) 대구지방법원 포항지원 2016.02.15 2015고합123
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

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

On November 28, 2015, the Defendant found the victim (the 10 years old), the victim △△△△△△△ (the son, the 10 years old), the victim (the son, the 9 years old), and the victim (the son, the 5 years old), and the 5 years old), where the 16:40 of the north-gu Seoul apartment house 101 was in the front of the 101 North Korean apartment house at the port.

Women's land was called "the victims", and they were to go to the victims.

1. The Defendant, who committed the crime against the victim, sees the victim at the above date, time, and place, and sees the words “finites are male and female,” and, sees that “a man or female is confirmed,” the chest part of the victim’s chest part is limited to both descendants, and continuously commits indecent acts against the victim under the age of 13 by force by making use of the victim’s bucks.

2. The Defendant committed the crime against the victim △△△△△△△△△ in the above date, time, and place immediately following the crime of the above paragraph (1) at the victim’s △△△△△△△△, saying, “I would like to confirm whether she is female or male.” In his hand, the Defendant committed an indecent act against the victim under the age of 13 by force by using and rhuming

3. The Defendant committed the crime against the victim, at the above date, at the above time and place, and immediately following the crime of the above 2nd paragraph, committed an indecent act against the victim under the age of 13 by force by stating that “I am off the victim’s son and clothes only once I am off.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement recorded in video recording CDs;

1. Statement made by the police against D;

1. Application of the respective Acts and subordinate statutes of E, F and G;

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which are applicable to the crimes;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [Article 50]

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