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(영문) 서울북부지방법원 2014.11.07 2014고합338

폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

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

Reasons

Punishment of the crime

From March 2012 to January 2014, the Defendant was living together with C (n, 46 years of age) and D (n, 10 years of age) who is his/her father and wife.

1. Around January 11, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minors under the age of 13) was placed on the Defendant’s house located underground in the Jung-gu Seoul Metropolitan Government E-1st century, and C’s son’s son D with C’s heart name was found to have a defect in a son’s or a short-scale talk, and the victim was placed on the part of

피고인은 계속하여 “배가 주로 어디가 아프냐 ”고 물으며 피해자의 배를 손으로 위아래로 수회 쓰다듬고, “가슴이 얼마나 컸는지 본다.”고 말하며 손으로 피해자의 양쪽 젖가슴을 위아래로 만지고, 덥다며 피해자의 옷을 벗기고, 피해자의 몽고반점을 봐준다며 속옷을 벗긴 다음 양손으로 피해자의 엉덩이를 만지고, 누워있는 피해자의 위에 올라타 혓바닥을 피해자의 입 속으로 집어넣고, 피해자에게 눈을 감으라고 한 후 피해자의 가슴, 배, 성기를 혀로 핥고, 울고 있는 피해자에게 “10초만 하면 된다.”고 말하며 피해자의 등과 엉덩이를 손으로 당겨 피의자의 허벅지에 앉혀 몸을 닿게 하였다.

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

2. The Defendant has attempted rape on March 20, 2014, on the ground that the victim C has reported the marriage with another male and female, at the Gelel located in F in the Junggu Seoul Metropolitan Government on March 20, 2014, and that the victim C has reported the marriage with another male.

The victim tried to rape the victim by putting the victim on a bed, putting the victim on a bed, suppressing the victim's resistance on the body of the victim, cutting off the victim's boom and panty, and attempted to rape the victim, but did not have the victim's sexual intercourse.

3. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) was prepared in advance at around 17:00 on March 20, 2014 by raising the victim C of the first floor E in Jung-gu, Seoul.