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(영문) 대전지방법원 2013.11.08 2013고합340

성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)

Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is the relative father of the victim D (at the time of the case, 10 years old), and the parents of the victim left the victim to the defendant temporarily due to the problem between husband and wife, so the victim was living together with the victim in the Daejeon Seo-gu E Building, Daejeon E, where the defendant was living.

1. On 209, the Defendant knew of the victim who was divingd in a ward located in the above defendant's residence, and moved the victim to the room of the defendant. The victim's refusal to do so, and attempted to go out of the room, which prevents the victim from wrapping the victim with his arms. In doing so, the Defendant kiscing the victim into the victim, kiscing the victim, kis, kiscing him into the victim's clothes, kis, kiscing him into the part of the victim, and put him into the part of the defendant's seat, and kis the defendant's sexual organ.

2. Around the same time as Paragraph 1, the Defendant, at the small room located in the above defendant's residence on a day-to-day new wall, she was aware of the victim, and she was kisced by "do not refuse.........." Hascing the victim as the defendant's room, kiscing the victim into the victim, kiscing him into kis, kiscing him into the victim's clothes, kiscing him into the victim's kis, and kiscing him into the part of the defendant.

3. 피고인은 제1항과 같은 무렵 일자불상 22:00경 위 피고인의 주거지 내 작은 방에서 사촌 2명과 함께 잠을 자는 피해자에게 현금 25,000원을 흔들어 보이며 “이 돈을 줄 테니 한 번만 만지게 해 달라.”라고 요구하였으나 피해자가 “싫다.”며 거절하자, 피해자의 몸 뒤에 누운 후 피해자의 목에 얼굴을 가까이 대어 피해자의 몸냄새를 맡으면서 손으로 피해자의 오른팔을 만졌다.

Accordingly, the defendant committed an indecent act on three occasions by blood victims.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the law of the statement of victim's statement to D to D