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(영문) 광주지방법원 2013.05.16 2012고합1200

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall order the defendant to complete 80 hours of sexual assault treatment programs.

(e).

Reasons

Criminal facts

Defendant

In addition, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") is the father of the victim C (nive, D).

1. The Defendant committed an indecent act in violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of the Victims thereof at the Defendant’s home located in Gwangju North-gu, Gwangju, in around 2007 or around 2008 and around 14 years old, with a view to reporting a potential victim (the age of 13 or 14 years at that time).

The defendant goes off from the victim's panty and panty, sits between the victim's legs, kids the defendant's sexual organ into the part of the victim's sound, kids over the defendant's shoulder, and kids off the defendant's sexual organ into the part of the victim's sound.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's blood victim's state to resist.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On April 13:00 on the day of April 2012, the Defendant: (a) at the Defendant’s house located in the 2nd floor in Gwangju Northern-gu, Gwangju, the Defendant called the victim (the age of 17 years at that time) as having a male-child seat; and (b) married the victim; (c) the victim was able to become aware of the victim and the victim; (d) the Defendant her own victim was seated above the Defendant’s buckbucks; and (e) the Defendant’s sexual organ was frightened by the victim.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

나. 피고인은 2012년 5월 어떤 날 17:00경부터 18:00경까지 사이에 가항 기재 피고인의 집에서, 피해자(당시 만 17세)와 대화하다가 피해자가 엎드려서 휴대전화를 만지고 있는 것을 보고, 갑자기 피해자의 등 위로 올라타 엎드린 다음 피해자의 엉덩이에 피고인의 성기를 비볐다.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

3. The defendant is several times from August 201 to the victim of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.