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(영문) 서울고등법원 2018.03.22 2017노2859
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault against the defendant for 80 hours.

Reasons

The defendant, who is guilty of the facts of the grounds for appeal, is only aground on the chest part of the victim, and there is no similar rape or indecent act on the part of the victim, while he/she was diving in the order of "the victim's missing, the victim, the South dynamics of the victim, and the defendant" in the ward of the victim's house.

The punishment of the lower court (4 years and six months of imprisonment, and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

Judgment

공소사실의 요지 1) 피고인은 2014. 6. 일자 불상 22:00 경 서울 금천구 G에 있는 피해자의 주거지 거실에서 동생과 함께 잠을 자고 있는 피해자를 깨운 후 피해자에게 “ 내 성기를 만져 달라.” 고 말하고 피해자가 싫다며 거절하였음에도 “ 내 성기를 핥아라.

”라고 말하다가 피해자의 잠옷을 벗기려고 시도하고, 피해자가 싫다며 피고인의 손을 뿌리쳤으나 억지로 피해자의 잠옷 안으로 손을 집어넣어 가슴을 주무르다가 혀로 피해자의 귀를 핥은 후 손가락을 피해자의 음부에 넣으려고 하던 중 피해자가 “ 생리하니까 안 된다.

“At the time of refusal,” and even after the Defendant was pushed down, “I shall do so with me.e.

"At the end, the fingers were collected into the part of the victim's sound, and the victim's chest was fluent by inserting the fingers into the part of the victim's her inner part, raising the victim's her fingers, and making the victim have the sexual flag satisfied, and the victim's chest was her chestd with the second hand.

Accordingly, the Defendant, by force, committed similar rapes with a victim under the age of 13 (hereinafter “the crime of similar rape by force of this case”). 2) On June 2014, the Defendant, who was in the place under the preceding paragraph of the Police Officer, carried the victim in front of the television while leaving the television, and rejected the victim’s “not ......,” but did so, the victim was able to take care of the chest by putting him under the victim’s divings, and the victim was able to take care of her fingers, and the victim was fright up to the victim’s body above the body.

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