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(영문) 수원지방법원 2015.11.05 2015고합378

아동ㆍ청소년의성보호에관한법률위반(강간)등

Text

A defendant shall be punished by imprisonment for eight years.

The defendant shall be ordered to complete the sexual assault therapy for 120 hours.

Reasons

Punishment of the crime

On August 27, 1998, the defendant adopted the victim C (the 16-year-old-age-old-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child

Criminal facts

1. Around April 2009, 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), and the Act on the Punishment of Sexual Crimes and the Protection of Victims (a indecent act by compulsion in relation of relatives) committed on or after the lapse of April 2009 by inserting hands out to the ward of the Defendant’s house located in Suwon-si E, and on the inside of the victim who reported television (the age of 10)

이에 피해자가 '하지 마'라고 소리치며 저항하였음에도 계속해서 가슴을 만지고, 피해자가 이를 피하려다가 넘어지자 피해자의 옆에 누워 피해자의 바지 속으로 손을 넣어 음부를 만지고, 양팔을 움직이지 못하게 붙잡은 후 피해자의 바지와 팬티를 벗기고 혀로 음부를 핥았다.

Accordingly, the defendant committed an indecent act by force against a minor victim under the age of 13 who is a blood relative.

2. The Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under the age of 13) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a indecent act by force in relation to relatives) refers to the Defendant’s house located in Suwon-gu E during the period from April 2011 to May 201, and the victim (the age of 12 at that time) should see how much the chest was her chest.

Accordingly, the defendant committed an indecent act by force against a minor victim under the age of 13 who is a blood relative.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. The Defendant.