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(영문) 서울중앙지방법원 2012.10.05 2012고합549
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for eight years.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

Defendant

In addition, the applicant for attachment order (hereinafter referred to as the "defendant") is a person in a de facto marital relationship with the mother E of the victim D (the age of 16) from 2001.

The Defendant, with the knowledge of the fact that the victim and E are unable to live without the Defendant’s economic support, and even if the Defendant sexual intercourses or commits an indecent act against the victim’s age, he/she was unable to readily refuse to refuse to engage in such sexual intercourses. From around 2002, the Defendant used it to frequently engage in sexual intercourses and commits indecent act against the victim who was a child or juvenile who actively refused or failed to resist due to the foregoing circumstances, and subsequently, sexual intercourses with or commits indecent act

1. 피고인은 2010. 7. 27. 밤경 수원시 F에 있는 피해자(당시 14세)의 집에서 피해자의 옆에 누워 손으로 피해자의 가슴을 만지고 입으로 가슴을 빤 후, 피해자의 얼굴을 피고인 쪽으로 강제로 돌려 입맞춤을 하려다가 피해자가 고개를 저으며 거부하자 팬티 속으로 손을 집어넣어 피해자의 음부에 손가락을 집어넣으면서 음부를 만졌다.

The Defendant continued to be off the victim's her body, forced the victim's her body by putting the shoulder of the victim who is faced by the victim's body, and her body on his hand, and her her leg was forced to punish the victim's leg on the body of the victim, and had sexual intercourse once with the victim by inserting the victim's sexual organ into the victim's negative part.

Accordingly, the defendant, by force, has sexual intercourse with the victim who is a child or juvenile.

2. The Defendant, at around 23:00 to 24:00 on August 6, 2010, accumulated in a G hotel located in the Chungcheong Mayang-gun in the same beds as the victim (at that time 14 years of age). The Defendant, immediately next to the bed of the victim’s chest, who was frightened in E, was her hand, and the victim’s chest was frightened, and the victim’s chest was her chest. The Defendant’s body is the Defendant.

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