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(영문) 서울서부지방법원 2016.09.08 2016고합107
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
Text

A defendant shall be punished by imprisonment for five years.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant was living together with the mother F of the victim D in China from around 2007 to 2010.

1. On August 21, 2009, the Defendant: (a) around 21:00, G apartment G apartment 11-dong 8-dong 29, G apartment 11-dong 29, and (b) was drunk to the victim under the influence of alcohol, while making the victim’s own dancing, and met the victim’s chest by hand.

2. On August 2009, the Defendant: (a) Daced the victim, who was in the public book, at the same place as a patroler, had the victim danced himself with his own string; (b) had the victim resisted with the victim’s chest by hand; and (c) had the victim resisted with the victim, as the victim was found, with the victim’s defect, she spacing the drinking, and she had the victim spaced with the victim, and placed the victim’s fingers in the sound part.

As a result, the defendant threatened a minor victim under 13 years of age to suppress resistance, and then imprisoned a part of body, such as fingers, during the victim's sexual period.

3. From the end of January 28, 2010 to the end of January 28, 2010, the Defendant: (a) placed the victim’s chest at the above place; (b) placed the victim at the above space from the end of 2009 to the end of January 28, 201, stating that “if the victim speaks to the horse, where the victim would be unable to enter the school.” (c) placed the victim’s chest on the victim’s breast, and her fingers into the drinking part.

As a result, the defendant threatened a minor victim under 13 years of age to suppress resistance, and then imprisoned a part of body, such as fingers, during the victim's sexual period.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D, H, and F;

1. Application of the Acts and subordinate statutes of immigration inquiry;

1. Article 8-2(3) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply) and Article 298(13) of the Criminal Act concerning criminal facts.

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