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(영문) 서울남부지방법원 2019.05.03 2018고합303 (1)
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
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A defendant shall be punished by imprisonment for not less than three years and six months.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant was the original child of “D”, which is a child rearing facility C affiliated with a social welfare foundation in Guro-gu Seoul Metropolitan Government.

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor similar act under the age of 13) committed an act of similarity against the victim E (the age of 12, F.M.) by using the Defendant’s assault in the state of the State as a result of the assault by the Defendant’s in-depth nature.

Around 2013, the Defendant sent the victim to the shower room in D Gdong, thereby threatening the victim to “abstinence (abstinence without any justifiable reason)” (hereinafter “the victim’s sexual organ”) and, as the victim was, forced the victim to quickly use his sexual organ, forced the victim to return to the subsequent wall, and inserted the Defendant’s sexual organ into the victim’s resistance.

Accordingly, the defendant threatened the victim under 13 years of age to act of similarity with the victim.

2. The Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similar act) committed assault against the victim by drinking, exposing, brooming, brooming, etc. on the grounds that the victim H (13 years of age, I.S.) does not listen to the horses, etc., while attempting to commit similar acts against the victim by threatening him/her that “I would see that I will die more than the width. I will die. I.S.).”

On May 21, 2014, the Defendant, at the shower room D J-dong, called “fab,” “fably,” and let the victim drinking, who fably fab, return to the shower room (45L) the Defendant fably inserted the Defendant’s sexual flag into the victim’s port.

Accordingly, the defendant's act of similarity against the victim by threatening the victim who is a child or juvenile.

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