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(영문) 청주지방법원 2019.01.18 2018고합127
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

The lower part of the verdict of innocence on the charge of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of similar nature to the 13-year minor), violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of similar nature to the 13-year minor), and violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of similar nature to the 13-year minor), and violation of the Act on Special Cases Concerning

The defendant is a person who works as a driver at an urban bus company located in Chungcheongnam-gun B.

When the defendant operates the urban bus, the defendant provided money to the victim C (at June 200, intellectual disability Grade 3) with knowledge that the intellectual ability of the victim C (at June 200, intellectual disability 3) who gets on and off the bus of the defendant was lower than normal, or provided a food to the victim, and let the victim get off the bus of the defendant.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act such as Minors;

A. A. On March 30, 2013, around 10:00 on March 30, 2013, the Defendant, at the Defendant’s house located in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, left the Defendant’s house to force the victim’s clothes, cut off the victim’s clothes by forcing him/her, talking with the victim’s chest and fry, and frighted the victim’s chest with his/her hand, and immediately boomed the victim’s sexual organ to the victim, even though the victim refused to do so, the Defendant put the victim’s sexual organ into the victim’s face immediately and caused the victim to wear the Defendant’s sexual organ by drawing his/her hand.

Accordingly, the defendant, by force, committed the act of similarity with the victim under 13 years of age by inserting his sexual organ inside the body such as the mouth of the victim.

B. On March 31, 2013, the Defendant committed the crime: (a) around 15:00 on March 31, 2013, demanded the victim to enter the place indicated in the preceding paragraph; (b) the Defendant’s office; and (c) said, the victim said that he/she did not want to do so.

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