아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
A defendant shall be punished by imprisonment for five years.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Punishment of the crime
From June 2012 to June 2015, the Defendant: (a) was a guardian who was taken care of a victim F (or the age of 11 as of June 2012, 2012) by being entrusted with the care of the victim F (or the victim’s age of 11) who was unable to raise his/her child by his/her guardian through “The Child Foundation of the Republic of Korea” from around June 2012 to around June 2015; (b) was aware that the victim was in a situation in which he/she is unable to raise his/her mother’s child because he/she did not have any place other than the Defendant’s home and does not have any circumstance to raise the victim’s mother’s child; and
1. On the early 2014 spring 23:00, the Defendant discovered that the victim (age 13 years old at that time) was intending to sleep in the Defendant’s house room located in Yong-si G, Young-si. At the time, the Defendant was placed in the victim’s house with the Defendant, who was at the time, was in a relationship of entrusted rearing with the Defendant as above, there was no place other than the Defendant’s house, and the Defendant’s wife did not have any place outside the Defendant’s house and there was no person who would want to help in the house, and the Defendant’s wife was at the age, who was her guardian, left the victim’s house by taking advantage of the status and circumstances that it is difficult for the Defendant, who is the guardian, to resist, and was tight into the victim’s clothes and booms. The Defendant added the victim’s chest and booms into the victim’s clothes with his/her clothes and her fingers.
Accordingly, the defendant committed a similar act by force against the juvenile victim, and at the same time committed sexual abuse that causes a sense of sexual humiliation to the child victim.
2. From around 23:00, the Defendant discovered that the victim was able to sleep at the same place, where approximately 2 weeks later, and that the victim was able to sleep, and in the same manner, she laid down his/her hand with the clothes of the victim and her chestd.
As a result, the defendant committed sexual abuse by force against a juvenile victim and at the same time committed sexual abuse that causes a sense of sexual humiliation to a child.
Summary of Evidence
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