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(영문) 서울서부지방법원 2020.05.28 2020고합62

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[Criminal Power] On July 1, 2017, the Defendant was sentenced to imprisonment with prison labor for public performance and obscene crimes, etc. at the Seoul Central District Court on August 1, 2017, and on August 31, 2017, the Seoul Central District Court sentenced two months to imprisonment with prison labor for public performance and obscene crimes, and completed the execution of each of the above punishment on December 27, 2017.

On January 9, 2019, the Defendant, at the Seoul Central District Court, sentenced four months of imprisonment and two months of imprisonment for indecent act by compulsion, etc., and the said judgment became final and conclusive on August 14, 2019.

【Criminal Facts】

1. The Defendant committed an indecent act by force against the victim under 13 years of age by inserting his/her fingers into the victim’s family in early February 2018, at the victim’s home room located in Gwanak-gu in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, the Defendant: “The victim’s bridge, her shoulder, and her shoulder are flick, so that he/she will be flick, so that he/she will be flick, so that he/she will be flick,” by inserting his/her fingers into the victim’s family within the victim’s own family, and inserting his/her chests into the victim’s family, and forcing him/her to do so.

2. After the date and time of the above “1”, the Defendant, at the victim’s dwelling room located in the victim’s living room as described in the above “1” (hereinafter “1”), was seated in the victim’s side where the mobile phone is stored, and the victim was forced to commit an indecent act against the victim under 13 years of age, by inserting his/her finger in his/her own hand, by inserting his/her finger in the victim’s chest, and making the victim’s chests under 13 years of age.

3. On February 2018, the Defendant committed an indecent act by force against the victim under 13 years of age, who was placed on the part of the victim's own chest after having taken charge of the discovery of the victim's defect that the victim's shoulder booms at the inside of the victim's residence as stated in Paragraph 1 of the above "B".

Summary of Evidence

1. Defendant's legal statement;

1. Investigative report (a visual recording process) and stenographic records of the E Center attached thereto;

1. Reports on internal investigation and reports on internal investigation;

1. Previous convictions in judgment: Criminal records, investigation reports (refinite records of the suspect and confirmation of the detention in court), list of relevant cases, copies of written judgments; and