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(영문) 서울남부지방법원 2016.06.10 2015고합242
아동ㆍ청소년의성보호에관한법률위반(강간등상해)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 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

From August 2013 to August 2014, the Defendant served as the team leader of the F Team of the Korea Petroleum Corporation E branch E branch of the Korea Petroleum Corporation located in D, and the victim G (the current age of 19) is a person working as an intern employee of the said Korea Petroleum Corporation E branch of the Korea Petroleum Corporation.

1. The facts charged in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse include the facts charged on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) based on the same facts, and thus, the identity of the facts charged is recognized, and in light of the defendant's assertion and the process of the trial in this case, even if the defendant is punished as a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, there is no concern that any substantial disadvantage may be inflicted on the defendant's exercise of his/her right to defense. Thus, the defendant is guilty of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse without any changes in the indictment.

A. On October 2013, the Defendant, at the end of the foregoing Korea Petroleum Corporation E branch, committed an indecent act by force against the victim’s her her son, who was engaged in a forest fire patrol with the victim (at the age of 17 years at that time) in the vicinity of the said Korea Petroleum Corporation E branch.

B. On November 2013, 2013, the Defendant: (a) told the victim at the Defendant’s office of the F Team of the Korea Petroleum Corporation E branch of the Korea Petroleum Corporation (hereinafter “Korea Petroleum Corporation E branch”); and (b) committed an indecent act against the victim by making use of the part of the victim’s sound.

(c)

On November 2013, 2013, the Defendant committed an indecent act by force against the victim by using the victim's buckbucks in his hand, as well as nine team members, including the victim, in the H pension located in Sung-gun, Gangwon-do Crossing-do, and the other team members enter the workshop, and leaving the victim only with the victim.

2. Injury or injury caused by forced indecent conduct;

A. The Defendant’s non-existent date on January 2014.

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