beta
(영문) 서울동부지방법원 2013.08.22 2011고합367

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

From March 5, 2011 to June 9, 2011, the Defendant is a person who worked as a learning teacher in the Philippines (Santa Roosa Luna) City D in the Philippines from March 5, 201 to June 9, 201.

1. On May 1, 201, at around 05:00 on May 1, 201, the Defendant: (a) entered the above room in which six female students, including the victim F (n, 12 years of age), are divingd at the entrance room for female students at the Lynin dormitory of the above E Law School; and (b) made the victim take the victim’s sexual organ into the room in order to take the victim’s hands out; (c) made the victim take the victim’s sexual organ on his hand; (d) made the victim take care of the victim’s face; and (e) made the victim take care of the victim’s own act in person; and (e) made the victim take care of the victim’s face once.

As a result, the defendant committed an indecent act against a child or juvenile victim by force.

2. On May 201 to June 201, the Defendant committed an indecent act by force, such as: (a) drawing the victim’s damages from TV viewing rooms of the second floor of the dormitory at the time from May 201 to 201; (b) setting the Defendant’s sexual organ on his/her hand; (c) setting the victim’s sexual organ on his/her hand; and (d) holding the victim’s part and the part and the part in his/her hand on his/her hand.

As a result, the defendant committed an indecent act against a child or juvenile victim by force.

3. The Defendant, from May to June 201, 201, committed an indecent act by force by taking the victim’s sexual organ out of the victim’s sexual organ and allowing the victim to take the part of the victim’s sexual organ at the first floor of the dormitory.

As a result, the defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness FF and G;

1. Each investigation report (general, No. 15, 21 No. 5);

1. Application of Acts and subordinate statutes governing recording records;

1. Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); and Article 298 of the Criminal Act.