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(영문) 대구지방법원 포항지원 2017.04.13 2016고합98
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From 17:00 to 18:00 on April 2016, the Defendant, at his own house located in Nam-gu, Nam-gu, Nam-gu, Sinpo-si, in order to report and forced to commit an indecent act against the victim D (the age 11) who is playing at his own house, and takes the victim into the second floor, and kis the victim into the second floor, but the victim was refused to do so, she kis the victim’s face to her face, and kis the victim’s face to her face, and kis the victim’s kis, kis, and kis from the victim’s face to the victim’s face, she kis, and kissssssss from the victim’s body.

Accordingly, the Defendant committed indecent act against a person under 13 years of age by force.

Summary of Evidence

1. D’s statement recorded in video recording CDs [the victim D has consistently stated essential matters with respect to the background of the indecent act from the defendant to the defendant and the situation at the time of the prosecution, the victim’s statement consistent with the facts charged because it is difficult for the victim to find out any special motive or reason to gather the defendant, and therefore, it can be sufficiently recognized that the defendant committed an indecent act against the victim.]

1. Application of Acts and subordinate statutes to report internal investigation (in cases of attaching documents, such as a victim's family relation certificate, etc.), report on internal investigation (in cases of attaching written opinions of experts in analysis of victim's statement to attached documents), investigation report

1. Relevant Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and observation, community service, and the Punishment, etc. of Sexual Crimes;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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