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(영문) 서울중앙지방법원 2012.12.21 2012고합1032

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

Defendant

A shall be punished by imprisonment with prison labor for four years and by imprisonment for one year and six months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

[2012 Gohap1032]

1. Defendant A

A. Around 01:00 on September 10, 201, the Defendant: (a) committed an indecent act by force against a minor under the age of 13 by forcing a victim under the age of 13, who was a minor, by going to the back seat of the driver’s seat after returning the body of the Fropart car driven by E while getting on the top of the Fropon car operated by Seocho-gu Seoul Metropolitan Government, and going to the back seat of the driver’s seat after going to the back seat of the driver’s seat; (b) by inserting the hand into the back seat of the driver’s seat, the Defendant committed an indecent act by force against the minor under the age of 13, such as going to the back part of the son G (W, 10 years of age).

B. Around 22:00 on March 30, 2012, the Defendant, at the home of the victim E (n, 40 years of age) located in Seocho-gu Seoul Seocho-gu, brought the victim E head and body of the victim E by one hand and other descendants, with the victim E head and body of the victim’s her head and body. The victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

C. On April 24, 2012, the Defendant: (a) sent text messages from around 21:02 to around 07:38, 2012 to around 24, 2012, using the Defendant’s mobile phone (J) to the victim’s cell phone, where the victim E wishes to take a hedging; and (b) the victim’s cell phone would no longer take place; and (c) sent text messages as indicated in the separate sheet from around 04:34 on April 24, 2012 to around 07:38, 2012.

Accordingly, the defendant habitually threatened the victim over 21 times.

2. Joint crimes committed by the Defendants

(a) Violation of the Punishment of Violences, etc. Act (joint destruction and damage, etc.);