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(영문) 광주지방법원 2017.07.28 2017고합244
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)
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A 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

On April 2017, the Defendant became aware of the victim D (the age of 12) as the relatives of the above female students (the age of 12) on May 2017, when the Defendant became aware of the female middle school students living in the same Dong and exchanged contact with them.

On May 4, 2017, the Defendant used Emeras around 12:00 on May 4, 2017, thereby deceiving the victim.

At around 18:00 on the same day, the victim was able to come together in the PC room near the Seo-gu in Gwangju-gu, Gwangju-gu, and purchased alcoholic beverages on the way the game was emitted.

around 18:30 on the same day, the Defendant would not drink with the victim with the sperm in the Seo-gu apartment complex in Gwangju-gu, Gwangju-gu, without drinking alcohol.

After having the victim drink the alcohol, the victim was born to the taxi and went to the 1st floor emergency stairs of the underground, which is 3-4 Do-dong 109 G apartment in Gwangju-gu, Seo-gu.

The defendant, under the influence of alcohol, she is expected to sit in the wall next to the above emergency stairs, and then she is under the influence of the victim, she is under the influence of the victim, she is under the influence of the victim, her breast by inserting his/her hand into the inside of the victim, her breast by walking the upper part, her chest was fast, her spanty spane, and her finger was her finger by inserting his/her hand into the panty.

The Defendant continued to commit an indecent act, such as holding the victim's grandchildren in his own sexual organ, provoking his sexual organ on several occasions, laying the victim's shoulder on the floor by putting them on the floor, leaving the victim's shoulder, gathering the victim's chest and sound part with his fingers, promptly kiding the victim's breast, causing the victim's breath, causing the victim's breath, leaving the victim's breath, leaving the victim's chest, and leaving the victim's body in front and rear, and leaving the victim's body in front and rear.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistance impossibility condition under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement made in D in each video CD;

1. Complaint;

1. CCTV CDs;

1. Each investigation report (the document annexed Nos. 7, 10, 12, and 14 of the evidence list) shall be submitted.

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