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(영문) 수원지방법원 안양지원 2015.09.04 2015고합80
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

[Criminal Power] On May 2, 2014, the Defendant was sentenced to a suspended sentence of two years for 8 months of imprisonment with prison labor for a crime of fire-fighting in Gyeyang Branch of Suwon District Court for the crime of fire-fighting in the same year.

5. 10. The judgment became final and conclusive.

【Criminal Facts】

The defendant was the mother of the victim C (the 13 years of age and women), and the victim, who was living together with usual friendly money, died temporarily from the defendant's house around May to June 2013.

1. 아동ㆍ청소년의성보호에관한법률위반(위계등간음)죄 피고인은 2013. 5.~6.경 23:00경, 군포시 D, B01호 자신의 집 안방에서 술을 마시고 피해자가 혼자 자고 있던 작은방에 들어간 후, 피해자 옆에 누워 피해자의 머리를 자신의 팔에 올려 팔베개를 해주던 중, 피해자의 반바지와 팬티를 벗기고 티셔츠와 브라를 위로 올려 피해자의 유두를 입으로 핥았다.

In this regard, when the victim flocks, "the mother, the ma, the ma, the body of the defendant in hand, and flocks the defendant in his hands, the defendant flicked the victim's hand, prevented the victim's body from moving from the floor, added his fingers several times into the part of the victim's sound, and inserted his sexual organ into the part of the victim's sound.

As such, the Defendant had sexual intercourse with a juvenile by force.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (compact by compulsion in relation to relatives) committed the crime of paragraph (1) around May 201 to June 6, 2013, and around the night, the Defendant left her wife, his/her dependent, and the victim, among those who were divingd with the victim, by inserting his/her fingers into the hub of the victim, and became her chest and her breast part as his/her hand.

As such, the Defendant committed an indecent act against the victim by taking advantage of the fact that the victim, who is a blood juvenile, was unable to resist due to sleep.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Report on investigation (the details of counseling with specialized child protection agencies); and

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