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(영문) 광주지방법원 2013.10.17 2013고합331
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, while operating the D’s sports center, became aware of the Victim F (L, 9 years of age) who was attending the said EE Epician Driving Schools by having the students attending and leaving the said epician Epician Epicians.

The Defendant, through the following two times, committed indecent act by compulsion on a victim under the age of 13.

1. On April 9, 2013, around 13:40, the Defendant: (a) at the entrance of 102 G apartment at the North-gu G apartment in Gwangju-gu, Gwangju-gu; (b) at the time of the Defendant’s landing of the victim from the passenger car (H), the Defendant: (c) was released from the victim’s body by hand; and (d) the victim’s her kin with his own hand.

2. On April 10, 2013, the Defendant: (a) around 14:10 to 14:30, run by the Defendant on the second floor of the G apartment shop in Gwangju-gu G apartment building, Gwangju-gu; (b) the Defendant sited on the wall, kneeing his knee, kneing his kne, kneing his kne and kneing his kne onto his kne, kneing his chest and kneing his kne, kneing his kne and kneing his kne, and her kne and kneing

Summary of Evidence

1. Statement by the defendant in court;

1. Determination of each recording document (F) defense counsel's assertion

1. The summary of the claim is that the defendant's her tum, etc. was irred by two times, but did not have an intention to commit an indecent act against the victim only within the meaning of fear.

2. In the crime of indecent act by compulsion, “Indecent act” in the crime of indecent act by compulsion causes sexual humiliation or aversion to the general public objectively and infringes on the victim’s sexual freedom.

The determination of whether a case constitutes such a determination shall be made by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the occurrence of the case, the background leading to the act, specific form of act, objective situation surrounding the case, sexual morality, etc. (see, e.g., Supreme Court Decision 2012Do3893, Jun. 14, 2012). There is a subjective motive or subjective motive to stimulate sexual humiliation as a constituent element necessary for the establishment thereof.

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