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(영문) 울산지방법원 2014.03.14 2013고합234

성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등

Text

A defendant shall be punished by imprisonment for four years.

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

(e).

Reasons

Punishment of the crime

From December 2003, the Defendant was divorced from the former wife G around February 18, 2005 while living together with the victim E and the victim F, who was his/her father, from around February 18, 2003, and reported marriage with the above E on August 20, 2008, and is a de facto relative with the said F.

1. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Rape, etc. in relation to relatives), and violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (minors, rape, etc. under thirteen

A. The Defendant: (a) at the Defendant’s house located in Ulsan-gun H in Ulsan-gun, Ulsan-gun; (b) at the Defendant’s house located in Ulsan-gun; (c) at the time, had the victim F (if known, eight years old; and (d) had the female’s breast with his hand.

Therefore, the defendant, as a de facto relative, committed indecent act by force against the victim under the age of 13.

B. At the Defendant’s house located in Ulsan-gu, Ulsan-gu, U.S. 1, 2007, the Defendant discovered the above victim F (at that time nine years of age) who reported television, attempted to force indecent acts by force, and was off the female’s will to enter the house, and prompt the female’s gender.

Therefore, the defendant, as a de facto relative, committed indecent act by force against the victim under the age of 13.

C. At around 23:00 on the date of 207, the Defendant discovered the above victim F (the 9 years old at that time) who was locked by the Defendant’s home, had his fingerd into the Defendant’s side, had his fingerd into his son’s seat, had his fingerd into his son’s flag, collected his fingers into his son’s seat, and collected his fingers.

Therefore, the defendant, as de facto relative, committed an indecent act against the victim by taking advantage of the victim's failure to resist under the age of 13.

2. The Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse, commits indecent acts in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, at the Defendant’s home located in Ulsan-gu J apartment 803 on February 2012, in a manner that the said victim’s F (the age of 15 at that time) is committed by indecent acts by force, and a female’s bridge is taken by hand.