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(영문) 서울남부지방법원 2016.07.22 2016고합88
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The Defendant’s motion to attach the instant attachment order is dismissed.

Reasons

A. The Defendant and the requester for an attachment order (hereinafter “Defendant”) are drivers of school vehicles of the “E” sports center in Yangcheon-gu Seoul building* Seoul, and the victim F (F) who is under the age of 13 is a student of the said sports center. The gist of the facts charged and the grounds for filing a request for an attachment order [based facts] is the Defendant and the requester for an attachment order (hereinafter “Defendant”) is the student of the said sports center.

The Defendant had a mind to commit an indecent act against the victim who returned home using the school vehicle of the “E” gymnasium operated by him, using the vehicle at the last time.

[Criminal facts]

A. On October 2015, the Defendant committed the crime at around 18:30, the date on which October 2015: (a) around 18:30, the date on which the Defendant was in operation of the Defendant, carried the Victim F (F) under the age of 13, who was under the age of 13, on the back left the back of the Defendant’s Gone Star Vehicles on the road before E, and returned to the victim’s home; (b) the victim was in the vicinity of the victim’s residence in Yangcheon-gu Seoul Metropolitan Government, and the two were in the situation where the victim and the two were left the said Lone Star Vehicles, and the victim was in the same part of the victim’s her mother.

Accordingly, the defendant committed an indecent act by force against the victim who is under 13 years of age.

나. 2015. 11. 13. 경 18:30 경 범행 피고인은 2015. 11. 13. 18:30 경 위 E 앞 도로에서 피고인 운행의 G 스타 렉스 차량 뒷좌석에 13세 미만인 피해자 F( 여, 6세) 을 태우고 피해자 할머니의 집으로 귀가하던 중, 서울 양천구 H에 있는 피해자 할머니의 주거지 인근에 이르러 피해자와 단 둘이 위 스타 렉스 차량에 남게 된 상황에서 피해자의 손 등을 피고인의 혀로 핥고, 피해자의 바지 위로 피해자의 음부를 만졌다.

Accordingly, the defendant committed an indecent act by force against the victim who is under 13 years of age.

[Risk of re-offending] The Defendant, like the crime, committed a sexual crime against a minor under the age of 19 on at least two occasions, and thereby, committed a sexual crime, and thus, denied the crime, thereby resulting in the risk of re-offending.

2. Determination

(a) the recognition of guilt in a criminal trial;

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