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(영문) 대구지방법원 포항지원 2014.01.13 2013고합81

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

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

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

Reasons

Punishment of the crime

[The circumstances leading to the commission of crime] On January 10, 207, the Defendant committed an indecent act, such as assaulting the victim’s chest from around 2007 to around Ga, while bringing up the victim D (here and E) who is his/her father after being divorced with C, the former wife, and raising his/her baby.

【Criminal Facts】

1. On October 2007, the Defendant, in violation of the Act on the Punishment of Sexual Crimes and the Protection of the Victims thereof (indecent act by force in relation to relatives), and the Act on the Punishment of Sexual Crimes and the Protection of the Victims thereof (in violation of the Act on the Punishment of Sexual Crimes and the Protection of the Victims thereof, rape, etc. in the defendant's house located in the Dong-gu F on the right side of the victim who was under his/her own laver (the age of 11 at that time), put his/her her laver into the victim's clothes and put his/her her panty in his/her panty while keeping the victim's her panty together.

Accordingly, the defendant committed an indecent act by force against a victim under 13 years of age who is a relative of relatives.

2. On September 201, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives) or around 02:00 on the beginning of September 2010 or around October 2010, the Defendant kept in the house room of the Defendant located on the fourth floor of the building south-gu G at the port, south-gu, and opened in the victim (the age of 13 at that time) who was diving, and divided the finger into the victim’s panty panty, and continued to put the finger into the part of the victim’s panty.

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

Summary of Evidence

1. Statement of the accused on the date of the first trial; and

1. Statement of police statement related to D and H;

1. Protocol stenographic records;

1. Application of Acts and subordinate statutes to certified resident registration cards and family relation certificates;

1. Under Article 5 (10) of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 10258 of April 15, 2010), the victim of sexual crimes shall be the victim thereof.