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(영문) 광주지방법원 2016.01.13 2015고합408
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
Text

A defendant shall be punished by imprisonment for seven years.

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

Reasons

Punishment of the crime

[Criminal record] On January 21, 201, the Defendant was sentenced to two years of imprisonment with prison labor at the Seoul High Court on the Special Act on the Punishment, etc. of Sexual Crimes, and completed the execution of the sentence on November 18, 2012.

[Criminal facts]

1. On October 2014, the Defendant committed an indecent act by force against a minor under the age of 13 by taking advantage of the gaps in which students, including the victim, etc., (hereinafter the same shall apply), including the victim, are living in life training in “D Taekwondo ” located in Seo-gu, Seo-gu, 17:00, on the first and second day of October 2014, when the Defendant took part in life training with the victim (hereinafter the same shall apply).

2. From the same day of No. 1.3 days after the day of D Taekwondo, the Defendant: (a) 18:00 D Taekwondo Chapter; (b) 18:0 D Taekwondo Chapter; (c) 18:0 D Taekwondo Chapter; and (d) 13 years of age was sexual intercourse with the victim under 13 years of age by putting the victim in the front section of the toilets of male toilets so as to lock the victim, locking the victim’s door, standing the victim’s seat, cutting the victim’s hand into the victim’s clothes; and (d) putting the victim’s hand into the victim’s clothes; and (e) putting the victim’s her finger and panty, she had sexual intercourse once.

3. From the date set forth in paragraph 2. Around one week after the date set forth in paragraph 2., the Defendant had sexual intercourse with the victim under the age of 13 by force by putting the victim on the Do Taekwondo Chapter, 17:00, putting the victim on a bit, suppressing the victim’s resistance, booming the victim’s entrance and drinking on the victim’s clothes, drinking the chest on the victim’s hand, cutting off the victim’s panty and panty, and doing so once.

Summary of Evidence

The remaining facts of the judgment excluding the previous conviction

1. Any statement made by the defendant in a part appropriate for such statement in this Act;

1. Each statement made by the witness, the victim, the E, or the F, to the effect that the statement is appropriate in this Court;

1. The statement of a victim recorded in the video recording;

1. Any statement made in relation to G prepared by an assistant judicial police officer, which is appropriate for such statement;

1. A family relation certificate or a certified copy of resident registration for the victim;

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