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(영문) 서울중앙지방법원 2012.10.18 2012고합905
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
Text

The defendant shall be punished by imprisonment with prison labor for one year for the crimes of No. 2, 3, and 4 of the judgment of the court.

Reasons

Criminal facts

On February 7, 2002, a defendant and a person subject to an application for an attachment order (hereinafter referred to as "defendant") were sentenced to a suspended sentence of two years and six months for the crimes of rape, injury, etc. in a governmental branch of the Seoul District Court on February 7, 2002. On January 18, 2008, the Seoul Northern District Court sentenced two years of a suspended sentence of one year and six months for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (special rape, etc.) and sentenced to a suspended sentence of two years for the above judgment on January 26, 2008.

【Criminal Facts】

1. On 2007, the Defendant committed an indecent act by force against a minor under the age of 13 by placing the victim D (at the time, 8th grade of elementary school at the age of 8) who lived in the Defendant’s dwelling room located in Jung-gu Seoul Metropolitan Government, and had been well aware of the same kind of club and reported television in the Defendant’s dwelling room, and by holding the victim’s fingers from behind the victim’s clothes with his/her clothes and drinking with his/her chests.

2. On February 2, 2011, the Defendant committed an act of inserting the sexual organ into the mouth of a minor victim under 13 years of age by inserting the victim’s face to the Defendant’s sexual organ by attracting the victim’s hand, leading the victim’s panty to the inside of the Defendant’s house located in Jungdong-gu, Seoul, and allowing the victim to talk with the Defendant’s sexual organ, leading the victim’s face to the Defendant’s sexual organ.

3. From February 1, 2011 to April 201, the Defendant forced a minor victim under 13 years of age, who is a minor under the age of 13, such as: (a) in the inside room of the Defendant’s home located in Jungdong-gu, Seoul; (b) in the victim (the age of 12 at that time and the first grade of middle school) viewing television, in which the Defendant collected his/her hand with his/her clothes on the victim’s clothes; and (c) in which he/she collected his/her fingers his/her fingers with the victim’s knife; and

4. The Defendant, at around 20:00 on March 201, 201, runs away from the Defendant’s house located in Jung-gu Seoul, Jung-gu, Seoul, along with his wife.

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