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(영문) 창원지방법원 2017.02.02 2016고합249
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

The Defendant is the overall director who operates the joint flag hall with the trade name of “E” in Gyeongnam Kim-si, and the victim F (M, birth, 2006), who is six years of age, is in charge of the above joint flag hall from around September 2012 to around September 2016.

The Defendant used a state in which the meaning of trust relationship, including the trust relationship between the deceased and the third party, and the age of the injured party was not sufficiently understood in the context of the victim’s sexual behavior arising from the victim’s attending the above conference hall for several years, and used a state in which the victim’s age did not fully understand the meaning of sexual behavior, in order to have the victim committed an indecent act at any time at the above conference hall

1. At around 17:20, the Defendant reported that the victim who had kiddddddddddd in the above Ehapdo office at around 17:20, and made the victim enter the office, and made the victim speak that “Any hole was made,” and he forced the victim under 13 years of age by cutting off the victim’s fright and panty and cutting off his sexual organ before and after the victim’s sexual organ, etc. in front of the book, and committing an indecent act by forceing the victim’s sexual organ back and rear, as he had sexual intercourse with the victim’s sexual organ.

2. After committing the crime under paragraph (1), the Defendant forced a victim under 13 years of age to commit an indecent act by getting the victim to enter the office at around 17:20, a place where he had the victim enter the office, leaving the victim’s ste and panty ste, leaving the ste and panty ste on the floor, leaving the ste and panty ste, and doing a sexual act in front of and rear the ste and rear steel in front of the sex organs.

3. After committing the crime under paragraph (2), the Defendant: (a) went to enter the victim’s office at around 17:20 a.m. on the same day after committing the crime under paragraph (2); and (b) placed the victim’s spanty and panty on the floor by coercioning the victim’s spanty; and (c) placed the victim’s spanty on the part of the victim’s body.

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