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(영문) 울산지방법원 2020.01.15 2019고합304

성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등

Text

A defendant shall be punished by imprisonment for eight years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant and the person to whom the attachment order was requested (hereinafter referred to as "defendants") from around 1999 to the defendant and the person to whom the attachment order was requested (hereinafter referred to as "the defendants") have been divorced three years after marriage B with the defendant from around 1999, and have a person in a de facto marital relationship with his/her decision within 17 years, and the victim C (the victim, 12 years of age) is the victim's father and mother.

【Criminal Facts】

1. This part of the crime is stipulated as the “violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force in relation to relatives)” but this is obvious that it is a clerical error. As such, the name of the crime was modified.

In the initial indictment of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape of Minors under thirteen years of age), this part of the indictment stated that the name of the crime is “violation of the Act on the Punishment, etc. of Sexual Crimes (Rape of Minors under thirteen years of age)” but it is obvious that it is an

On February 2018, the Defendant committed an indecent act by force against the victim, such as finding a house to drink boomed, approaching the victim who was TV in the ward, and taking care of the victim's friend as his hand, within the dwelling space of the Defendant of the apartment E apartment F, Yangsan-si.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

B. The Defendant: (a) around 2018, 1-A.

At the defendant's dwelling place, the victim was approaching the victim who was seated in the ward and was sitting next to the victim, and the victim was forced to commit an indecent act by force, such as holding the victim's bucket inside, placing the victim's bucket inside the victim's buck and panty, and holding the victim's bucket in the victim's buck, despite the victim's refusal to "I ma", by holding the victim in charge of the part of the victim's clothes.

Accordingly, the defendant is thirteen years of age who is a blood relative.