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(영문) 서울중앙지방법원 2019.03.28 2018고합815
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is the victim B (the 12 years old at the time of the case)'s accommodation in the fifth degree.

1. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor quasi-act by force) from September 14, 2016 to September 17, 2016, committed an indecent act against the victim under the age of 13, who was under the age of 13, in the dwelling space of the victim B of the Dongjak-gu Seoul Metropolitan Government Czera from around 06:00 on the first day to September 17, 2016, by inserting his hand into the dwelling space of the victim B, who was divingd, and was able to look at the victim's chest and her breast, and was able to resist, with the victim's chest and her hand in his clothes, and her fingerd with the Defendant's sexual flag, committed an indecent act against the victim under the age of 13.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor or indecent act);

A. On the same day from 14:00 to 15:00 on the same day as described in paragraph (1), the Defendant forced the victim under 13 years of age into the victim’s dwelling room as described in paragraph (1), covered the instant payment, and carried the television on the floor, and made it an indecent act by force upon the victim’s entry into the victim’s room.

B. Around November 2016, the Defendant provided the victim’s room at the victim’s residence as indicated in paragraph (1), and provided the victim who was in the second floor of the bed part of the bed part of the second floor, and was placed in the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement concerning B and D;

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

1. Application of Acts and subordinate statutes to report on the arrival of internal investigation, report on internal investigation (the date and time of damage), and report on investigation (to listen to a victim's telephone statement);

1. Criminal facts;

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