beta
(영문) 대구지방법원 2018.09.21 2018고합162

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등

Text

A defendant shall be punished by imprisonment for six years.

For the defendant, employment restrictions shall be imposed on children and juveniles-related institutions, etc. for a period of five years.

Reasons

Criminal facts

On September 27, 2013, the Daegu District Court sentenced the Defendant to four months of imprisonment for fraud, and completed the execution of the sentence on January 25, 2014 at the Daegu Prison.

[Criminal facts] The Defendant is a shesheshesheshel of the victim who re-born in approximately 14 years prior to the victim B's friendship C and about 14 years.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. Between February 2014 and October 2014, the Defendant: (a) committed the crime between February 2, 2014 and October 2014, at the victim’s room located in Daegu-gu, Daegu-gu, around his/her residence, reported the victim who was locked and locked on the floor, and was out of the victim’s bar to commit an indecent act, such as singinginging him/her hinging him/her and her hinging him/her down; (b) however, he/she was found to have been off from the victim’s bar even though he/she was found to have been able to commit an indecent act.

“The suspension was made.”

As a result, the defendant tried to commit an indecent act against the victim by using the victim who is a child or juvenile in a locked state, but did not commit such an indecent act.

B. On February 2, 2014 through October 2014, the Defendant committed the act of self-defense by reporting the victim who was divingd on the floor at the same place as “No. 1-A” around the night between February 2, 2014 and October 2014 at the same time as “No. 1-A”, and putting the victim’s fingers off his/her sexual organ, cutting off his/her sexual organ, cutting off his/her fingers, and cutting the victim’s fingers, and then cutting his/her sexual organ back and rears his/her sexual organ.

Accordingly, the Defendant attempted to commit an indecent act against the victim by taking advantage of the victim, who is a child or juvenile related to the victim, who was in an unclaimed state, but at the time, the victim was not in a state of sleep but in a state of mental and physical loss or resistance. Therefore, the victim was not in a state of sleep and did not commit an attempted act.