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(영문) 서울남부지방법원 2016.04.21 2015고합559

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

Defendant shall be punished by a fine of 20 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against a minor under the age of 13) reported on October 3, 2015 by the victim E (10 years old) who was seated in a hot spring in D's spokele in Guro-gu Seoul Metropolitan City on October 3, 2015, and the victim met the victim's sexual flag and ship by hand.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

2. Violation of the Child Uniforms Act (sexual harassment, etc. against a child) the Defendant should take part of the date and time set forth in paragraph 1, the distribution and etc. of the victim F (10 years) in a hot spring at the same place, and have the victim’s sexual organ in a place where water flows out of a hot spring by admitting the victim, and have the victim’s sexual organ in a place where water flows out of a hot spring, and be suitable for the victim’s sexual organ.

“.....”

As a result, the Defendant committed sexual abuse such as sexual harassment that causes a sense of sexual humiliation to children.

Summary of Evidence

1. Legal statement of witness G;

1. Each statement of the victim E and F in the video recording time of the statement of the victim;

1. A protocol concerning the examination of the police officers of the accused;

1. (H elementary school) The details of the case at Seoul H elementary school and the request for investigation;

1. The investigation report (a statement analysis expert opinion attached) [the victims shall be the 10-year-old children attending the 3th grade of the elementary school and the 3th day from the date on which they were committed as children of the 10-year-old age in the 3th grade of the elementary school, and the police shall inform the teachers attending the elementary school

The victims sent a notice of the damage to the school teachers, which would rather prevent their parents from playing together.

The victims stated consistently and specifically in relation to the defendant's life, the place where the defendant committed the crime, the statement made by the defendant, the behavior and the details of damage, the fear and response of the victims at that time, the situation before and after the crime, and the defendant made a clear distinction between his behavior and the behavior made by another victim.

The victims have experienced directly by themselves.