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(영문) 서울북부지방법원 2021.01.22 2020고합347
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant entered the “C church” in Dongdaemun-gu Seoul Metropolitan Government, and became aware of the victim D (7 years old at that time) and the victim E (8 years old at that time).

In the state of mental and physical weakness due to intellectual disorder, the Defendant committed the following crimes with the intent to commit an indecent act against the victims by using the fact that it is difficult for them to easily refuse or resist the demand of the Defendant who is an adult because the victims who are elementary school students lack the right to sexual self-determination and have not mature sexual values, etc.

1. Crimes against victims D;

A. On May 28, 2019, at around 19:00, the Defendant: (a) inducedd the victim to the lower end of the rare parking lot by having his/her personal body grow, and (b) placed the victim on the floor by putting him/her on the floor, with the victim’s body opened up on the part of the victim’s body and moving him/her down below the victim’s body. (c) Around May 28, 2019, the Defendant committed an act to force the victim to engage in sexual intercourse.

B. Around June 2019, the Defendant discovered the victim’s humf with the words, entered the parking lot along with the parking lot, put the victim on the floor in the same manner as that of paragraph 1(a) of the above Article, and continued to drive down the victim’s humf with his body below the victim’s body, and even though the victim refused to do so, the Defendant continued to engage in sexual conduct against the victim.

(c)

On or around September 8, 2019, the Defendant found and accessed the victim in front of the entrance at the above gate parking lot around the time of the occupation of the Defendant around September 8, 2019, and, if the Defendant “a kiscing to kis, kis, and kiscing to kis,” let the victim take the kis of the victim into kis, and said

In spite of refusal, the victim continued to attract him/her to do so by “a request only once” and allowing the victim to do so on one occasion on the left side of the defendant’s left side.

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