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(영문) 수원지방법원 평택지원 2015.06.10 2014고합171
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete 100 hours of sexual assault treatment program.

Reasons

Punishment of the crime

The Defendant, at 5:5:00 a.m. during the preparation period for the new wall flag, was in mind of having committed an indecent act against the victim by using the state in which the victim was divingd, while the Defendant was raising the victim G (at 2000s) who is a parent of the church that was entrusted to the said church due to the parents' divorce from Jan. 201 to Jun. 201, and the female members of the victim.

1. At early 05:00 on March 201, 201, the Defendant: (a) reported the victim (at the time 10 years of age) who was divingd with a female mother with each other, using the right lease at the back of the church’s sex; (b) placed the victim’s hand hand over to five minutes; and (c) committed an indecent act against the victim, who is a person under 13 years of age, by taking advantage of the victim’s state of refusal to resist.

2. 피고인은 2011. 4. 말 05:00경 위 교회 성전 뒷방에서 제1항 기재와 같이 잠을 자고 있는 피해자(당시 11세)를 보고 다가가서 피해자의 옷과 브래지어를 위로 올린 다음 혀로 피해자의 한쪽 가슴을 약 5분 정도 핥음으로써 피해자의 항거불능 상태를 이용하여 13세 미만의 사람인 피해자를 추행하였다.

3. At early 05:00 on May 201, the Defendant committed an indecent act against the victim, who was under 13 years of age, by taking advantage of the victim’s state of refusal to resist, and by taking the victim’s panty, with the victim’s panty as described in paragraph (1) (the age of 11 at that time).

Summary of Evidence

1. A statement made by a witness G in this court;

1. Statement made by a witness H in the second trial records;

1. Statement made by a witness I in the fourth protocol of the trial;

1. Statement made by the police officer on the victim's statement;

1. Entry of each statement of the police officer in the protocol of statement (each e-mail investigation) of I and H;

1. The statement of the victim recorded in the video CD;

1.A victim in the preparation of the Stenographic Court J.

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