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(영문) 서울중앙지방법원 2017.01.06 2016고합1049
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

The Defendant was born between C’s father D and mother E, and the Victim F(M, 18 years old) was born between G and mother H.

From the viewpoint of Seoul in 2006, the defendant was living together with the above D, victim, D, and the J who remarrieded with Seongbuk-gu Seoul.

The defendant was able to commit an indecent act or sexual intercourse with the victim by taking advantage of the situation in which the victim, who is her aged, wants to enjoy the interest of the defendant and psychologically expressed his intent.

1. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Rape, etc. of Minors under the age of 13);

A. On 02:00 on the date of wintering 206, the Defendant: (a) placed the victim’s second floor at K’s room in Seongbuk-gu Seoul, the second floor of the building in Seongbuk-gu, Seoul; (b) laid the victim’s television on more than one floor; (c) placed the victim’s body on the part of the victim’s body; (d) laid the victim’s hand on the part of the victim’s hand; and (e) putting the victim’s hand on the part of the victim’s panty; and (e) repeated actions to cut the Defendant’s hand on several occasions by putting the victim’s hand on the part of the victim’s drinking.

Accordingly, the defendant, by force, committed an indecent act against the victim by inserting his fingers into the sexual flag of the victim under 13 years of age.

B. The Defendant from July 2009 to July 2009

8. At the defendant's room located on the second floor of the same place as above paragraph (a) above, the victim called "the locked person" (the 11 years old at that time). The victim put the victim's fingers into the defendant's room, takes charge of the victim's chests by putting the victim's fingers, putting the victim's sleeps into the victim's body, walking the victim's locks above, putting the victim's chest into the victim's chests, putting the victim's fingers into the victim's chests, putting the victim's fingers into the part of the victim's chests, putting the hand in the victim's fingers, cutting the victim's panty, putting the victim's bridge into the part of the victim's panty, put them into the victim's fingers, put them into the victim's fingers into the part of the victim's sound.

Accordingly, the defendant had sexual intercourse with the victim under 13 years of age by force.

2...

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