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(영문) 부산지방법원 동부지원 2014.08.08 2014고합32
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

On August 27, 2010, the defendant and the applicant for medical treatment and custody (hereinafter referred to as the "defendant") were sentenced to ten months of imprisonment for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse at the Seoul East District Court on August 27, 201 and completed the execution of the sentence at the Net Prison on June 24, 201.

The Defendant had weak ability to discern things or make decisions due to his or her mental disorder due to alcohol use, exposure, etc.

"2014 Gohap32"

1. At around 12:00 on March 3, 2014, the Defendant: (a) discovered the victim C (the age of 31) who is taking a book together with the dog in a “luminous ceiling” book located in the valley of the Busan military captain’s articles of incorporation; and (b) committed indecent act by force.

Accordingly, the Defendant, following the victim, she was frightened by the victim, obstructed the victim from leaving the victim at his/her own discretion, prevented him/her from resisting by other hand, and attempted to use the victim on the floor and to force indecent acts by force. However, the victim she saw the victim into a resistance, such as a motor vehicle, and escaped from the opening.

Accordingly, the defendant committed indecent acts by force against the victim.

2. Around 12:50 on March 3, 2014, the Defendant, who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by compulsion under the age of 13), was willing to discover the victim F (the age of 11) on the roads adjacent to the “E” located in the Busan District captain-gun D, and to commit indecent act by compulsion.

Accordingly, the Defendant did not resist the victim, such as the victim's right to be knife and knife, knife, knife and knife, etc., after following the victim's knife, followed by the victim, and led the victim into the front part of the victim, lying the victim into the front part of the victim's knife, and putting the victim's chest into the inside part of the victim.

The defendant continues to place his hand into a fluorging unit of the victim, has a negative part of the victim, has taken the part of the victim, has taken the part of the defendant, and has taken the part of the victim's hand.

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