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(영문) 인천지방법원 2015.08.12 2015고합107
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The Defendant became aware of the victim D's mother E who had worked at the same workplace around June 2007, and had the victim live together with his family from November 2007.

In light of the fact that the Defendant left home due to the operation of a store and caused the misunderstanding of the victim's her friend while looking at the victim's her mother who was late in returning home on behalf of the victim's her mother, the Defendant committed an act of similarity with the victim and committed an indecent act by using the following: (a) the Defendant’s frightencing and severe physical punishment; (b) the Defendant’s frightening of the victim; (c) the victim’s age was not established; and (d) the victim’s sexual values were not established; and (e) the victim’s frighting her mother’

(Criminal Facts)

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor or similar act under thirteen years of age);

A. On February 2012, the first criminal defendant, who was intending to sleep in the victim F in his/her place of residence, forcedly put his/her hand in the victim's clothes and her chest and turbel in the victim's clothes, and forced him/her to talk with the victim's fingers in the victim's sexual flag, and she was her face of the victim's sexual face to resist by inserting his/her fingers in the victim's body.

Accordingly, the defendant forced the victim who is a child under 13 years of age to engage in similar behavior.

B. At around 22:00 on July 2014, the second criminal defendant forcedly put his/her fingers into the victim’s clothes and her fingers, and included his/her fingers in the victim’s sexual fingers, when the mother of the victim, or his/her mother and her mother were in a room located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and 303 (the victim’s age 12).

In this respect.

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