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(영문) 인천지방법원 부천지원 2017.04.28 2016고합298
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

The defendant is a driver of the Taekwondo Driving School in Bupyeong-si, and the victim C (the name, female, and the age of 10) is an original student of the Taekwondo Driving Institute.

The defendant well follows the victim's ordinary defendant, the victim cannot refuse the request, direction, etc. of the defendant in consideration of the victim, and the fact that the victim does not easily speak to others about the fact of damage, in order to commit an indecent act against the victim.

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against a minor under the age of 13) committed an indecent act against a victim under the age of 13 on September 30, 2016, who was parked in the front of the E Taekwondo Driving Institute where the defendant working in Bupyeong-si, Bucheon-si, in the front of the E Taekwondo Driving Institute where the defendant was in his/her own possession.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (private act committed against minors under the age of 13);

A. On October 19, 2016, the Defendant: (a) placed on the front side of G elementary school located in Seocheon-siF around 14:20 on October 19, 2016; (b) used an opportunity for other originals to rest with the victim, thereby putting the victim’s finger into the victim’s inner part; (c) putting the victim’s finger into the inner part of the victim’s upper part; and (d) putting the victim’s sexual organ into the inner part of the victim’s upper part, and putting the victim’s finger into the inner part of the victim’s upper part, thereby similar to the victim under 13 years of age.

B. On November 4, 2016, at around 17:00, the Defendant: (a) on the vehicle located in a parked driving school; (b) on the part of the vehicle located in a mobile phone game, other originals use the gaps concentrating on mobile phone games, put the victim’s fingers into the victim’s inner part; and (c) in the same manner as described in the above (a) carried the victim’s fingers into the victim’s sexual flag, thereby holding the victim’s fingers under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the defendant in the first trial record;

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