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(영문) 광주지방법원 2012.11.08 2012고합728

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[2012Gohap728]

1. Around 08:40 on December 17, 2010, the Defendant: (a) requested the victim D (the elementary school student) to take a walk for the purpose of attending an elementary school in the Gwangju Mine-gu Seoul Park on the condition that “I would bring about 8 years old”; (b) the Defendant saw the victim who embling on the low-term sperm to take a bath; (c) am her hand from the following to her hand; (d) while the victim continued to do so, the Defendant her walked to the school after her walked to the school; and (d) committed an indecent act by force by taking the victim’s her hand after her walking to the school while her refusal to do so.

2. The Defendant, around 09:00 on December 17, 2010, committed an indecent act by compulsion against the victim F (the 22-year old age) standing on the front road of Gwangju Mine-gu, by taking a brush, followed by a brush, and kidly kids on both sides, and forced her to commit an indecent act by force.

[2012 Gohap737]

1. On April 30, 2012, the Defendant, at around 22:35, committed an indecent act by compulsion, by compulsion: (a) the victim H (the age of 21) who was walking prior to G apartment 108, Gwangju Mine-gu G apartment 108; and (b) the Defendant, after drinking the victim H (the age of 21) in a way to force indecent act by force, committed an indecent act by force on both descendants.

2. In the above date, at the above place, the injured Defendant got the body of the remaining victim who was debrised, when the victim gets unbrised and resisted his body, and went beyond the upper floor of the Defendant’s tight hand, and had the victim go beyond the upper floor of the Defendant’s body, and had the victim undergo an inspection, etc. for about two weeks, which requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions concerning the facts constituting the crime and the occupation of indecent acts by force on the minors under the age of 13 who have the choice of punishment: Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act by force: Article 298 of the Criminal Act shall apply to the cases of indecent acts by force;