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(영문) 대전지방법원 천안지원 2016.05.04 2015고합250
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
Text

The Defendant’s motion to attach the instant attachment order is dismissed.

Reasons

1. The facts charged and a summary of the grounds for claiming an attachment order [the facts charged]

A. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (livering between minors under the age of 13 and deceptive schemes, etc.) 1) The Defendant: (a) on March 2013, 2013, at the early 22:00 on the date, the Defendant: (b) reported the victim D (here, 12 years of age and 12 years of age) who was under his/her own interest in diving; and (c) took the victim’s body in his/her hands on the back; and (d) added the victim’s body to the victim’s body.

The victim's hand was kicked with the victim's hand who want to avoid rier, the victim was pushed down with his arms, prevented the victim from moving his arms, and inserted his sexual organ once in the sexual flag of the victim.

2) After three days from the date and time set forth in the above 1) above, Defendant 1 inserted his sexual organ into the sexual organ of the victimized person, as soon as possible, with the victim’s desire to boom and resist his body, at the same place as in the above 1).

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

B. The minor sexual intercourse defendant, as mentioned in the above A, committed assault by having sexual intercourse with the victim two to three times a week by force after having sexual intercourse with the victim, without giving the victim's consent to sexual intercourse, and by having the victim take the head by hand with the victim's hand without having complied with the sexual relation. If the victim sleeps with the victim's hand, it is difficult for the victim to feel fear that there may be assault if the victim does not respond to the sexual relation with him. In particular, around August 2015, the victim sleeped that he was off clothes of the victim, and if the victim refuses to do so, he would be forced to get off or take off the clothes of the victim, with the victim's hand, or with the victim's hand, with the victim's hand.

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