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(영문) 서울동부지방법원 2016.05.19 2015고합140
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal records] On August 14, 2013, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution as a crime of fraud at the Suwon Friwon, and the judgment was finalized on August 22, 2013.

[2] The Defendant, from January 2007, 2007, conspiredd with the victim E-child F from January 1, 2008 to November 2008, and lived with the above F in the Defendant’s residence.

The Defendant had expressed his mind to commit an indecent act or sexual intercourse with the victim by taking advantage of the fact that the victim’s age is not easily resisted against the defendant living together with his body or with his body.

1. The Defendant, by force, committed an indecent act by force against a minor under the age of 13 by inserting his fingers in the victim’s sexual organ during the victim’s sexual organ while she opened animation at the victim’s residence located in Gangdong-gu Seoul Metropolitan Government G around 2007, and she committed an indecent act by means of similarity in the victim’s sexual organ during the victim’s sexual organ.

2. In light of the Defendant’s residence located in Yangcheon-gu Seoul Metropolitan Government around his 2008, the Defendant attempted to add his sexual organ to the victim’s sexual organ during the victim’s sexual organ while showing a cartoon professional cable broadcasting via TV. However, the Defendant attempted to have the victim’s sexual organ inserted the victim’s sexual organ in the victim’s sexual organ at the victim’s side. However, the victim’s “Apad” and the victim’s sexual organ made the victim unfolded the victim’s sexual organ at his/her right angle, and attempted to have sexual intercourse with the minor under the age of 13 by force.

3. Indecent acts by force.

가. 피고인은 2008년 여름 경 피고 인의 위 주거지에서, 피해자의 젖꼭지를 손으로 만지다가, 피해자가 ‘ 싫다’ 고 말하였음에도 불구하고 피해자의 젖꼭지를 입으로 빨아 위력으로써 13세 미만의 미성년 자인 피해자를 추행하였다.

B. On December 2008, the Defendant was under the age of 13 by force, while she was placed in the Defendant’s residence, and the victim’s winter with his/her own fingers, she was released from the Defendant’s clothes at his/her own residence.

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