성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
A defendant shall be punished by imprisonment for six years.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Punishment of the crime
1. On September 201, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by blood) committed an indecent act by the Defendant at the home of the Defendant’s mother, at the victim D (the Defendant’s mother at the time, 13 years old), who is the Defendant’s relative, with the Defendant’s sexual intercourse, in order to commit an indecent act by reporting that the Defendant’s mother, who is the Defendant’s father’s relative, came to be in the Defendant’s beds, and the Defendant’s wife was in charge of the victim’s chest by hand.
Accordingly, the defendant committed an indecent act on the victim's kinship by force.
2. On January 1, 2012, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a quasi-indecent act by blood) committed an indecent act against the victim by reporting the victim who was locked in the Defendant’s room at the same place as above, with the intent to commit an indecent act against the victim, and by taking the victim’s hand back to the victim’s panty.
Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's blood ties.
3. On July 30, 2016, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( quasi-similar act) caused the victim, who is a juvenile in an unsatisfying condition, to report himself/herself at the 202 head room, which is a defendant's residence in Gyeyang-gu E, Gyeyang-gu, Goyang-gu around 05:00, and caused the victim to have his/her finger together with the victim's fingers.
As a result, the defendant used a similar situation in which juvenile victim's resistance is impossible.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or F;
1. Each police investigation report;
1. Application of the Acts and subordinate statutes governing the contents of a G message sent by the victim to his/her guardian and the contents of a text message photograph, and family relation certificate;
1. Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Article 298 of the Criminal Act (in cases of forced indecent acts by blood).