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(영문) 전주지방법원 남원지원 2013.05.02 2012고합41
성폭력범죄의처벌등에관한특례법위반(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 80 hours.

Reasons

Punishment of the crime

The Defendant is an order, which operates the H Order in Namwon-si G, and is a person who had the victim I reside in the said H Order from October 2009 to December 201, 201, and had the victim I directed the victim of the Chinese question, etc.

1. On February 2, 2010, the Defendant violated the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (a minor rape, etc. under the age of 13) committed the victim's chest in his/her ward located within the facility located within the above He/sheari on February 1, 2010.

Accordingly, the defendant used the victim's failure to resist under 13 years of age to force by force.

2. Violation of the Special Act on the Punishment, etc. of Sexual Crimes (Minor Rape, etc.);

A. On June 14:30, 2010, the Defendant reported to the Defendant that the said victim (or the said victim (or the said 11 years of age) had been in school at the lower H Party, and entered the said victim’s toilet to a toilet in marina, and was forced to bring the victim’s face into the victim’s entrance.

Accordingly, the defendant committed indecent acts by compulsion against the victim under 13 years of age.

B. Around September 2010, the Defendant: (a) sought the clothes of the Defendant from the Defendant’s inside of the said HC branch to the said victim (here, 12 years of age); (b) took the victim out from the room of the Defendant’s his/her clothes; (c) took the victim in his/her hands within the room; (d) took the victim’s face into force by drawing the victim’s face into the victim’s face; and (e) took the victim’s her finger and chest with his/her finger.

Accordingly, the defendant committed indecent acts by compulsion against the victim under 13 years of age.

3. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. Around the summer of 2011, the Defendant discarded waste with the said victim (here, 13 years of age), and laid down the victim’s chest outside the door of the lower court, which was going back to the lower court, and laid down the victim’s chest outside the door of the lower court.

Accordingly, the defendant is a child or juvenile victim.

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