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(영문) 수원지방법원 안양지원 2016.11.18 2016고합173
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for six years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (rape-rape in relation to relatives) stated the victim D, who is a lineal descendant of the Defendant, at around 00:00 on the date of springing 209, at around 117, the Defendant’s residence, and at the time, at the 13-year-old charges, the victim’s age is 12 years old. However, on the date of springing 2009, the date and time of the crime are described only at around 00:00, and it is unclear whether the victim (FF) is 12 years old or 13 years old. Thus, the Defendant’s age is 13 years favorable to the Defendant.

2. Violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Indecent Act by compulsion of relatives)

가. 피고인은 2004. 여름 일자불상 14:00경 피고인의 주거지인 안양시 동안구 E아파트 113동 704호에서 피해자(당시 8세)를 안방으로 데려가 피해자의 바지와 팬티를 벗기고 피해자의 성기를 입으로 핥아 친족관계에 있는 피해자를 강제로 추행하였다.

B. On July 2005, the Defendant, at around 00:00 on July 1, 2005, committed an indecent act by force against the victim, who was suffering from diving at the place specified in Paragraph 1 (hereinafter “the victim’s 9 years of age”), by inserting his hand in the part of the victim’s (the victim’s 9 years of age).

C. At around 00:00 on July 2005, the Defendant, at the place specified in Paragraph 1, committed an indecent act by force against the victim’s blood relative with one hand, by taking advantage of the victim’s her sexual organ, who was suffering from sleep in his/her own sexual organ, at the same time.

The defendant is off from the panty of the victim (as at that time nine years of age) who is able to sleep himself at the place described in Paragraph 1 at approximately 00:00 on July 2005, and she is on the sound side.

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