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(영문) 전주지방법원 2019.08.29 2019고합132
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

A defendant shall be punished by imprisonment with prison labor for twelve years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

피고인은 피해자 B(여, 15세)의 친부이고, 2017. 5.경 피고인이 자신의 전처인 C과 합의이혼을 한 이후 피해자, 피해자의 친오빠, 남동생을 양육하면서 피해자가 자신의 지시를 거부할 경우 옷, 화장지, 손톱깎이, 휴대전화 등 물건을 집어던지면서 “에이씨, 씨발” 등의 욕설을 하거나 구타하여, 피해자가 피고인에게 쉽게 대항하지 못하고 피해자가 신고할 경우 피해자의 오빠, 남동생의 생계가 어려워지는 것은 물론 가정이 깨지는 것을 두려워하여 범행을 외부에 이야기하지 못할 것을 이용하여 피해자를 성폭행하기로 마음먹었다.

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. At around 18:00 on January 12, 2019, the Defendant: (a) had sexual intercourse by inserting the victim, who was frightening at his/her home room of the Yansan-gu D apartment E, Seoul Special Metropolitan City, with his/her sexual flag as soon as possible; (b) putting the victim’s head into his/her sexual organ as soon as possible; and (c) putting his/her sexual organ out of the victim’s lower and lower clothes; and (d) inserting his/her sexual organ into the part of the victim’s sexual organ.

B. At around 10:00 on March 12, 2019, the Defendant, at the victim’s home above, had the victim’s hand, who had been chilled, with the victim’s hand, had the victim’s hand, with the victim’s hand, and had the victim’s breast part, with the victim’s breast part, exceeded the victim’s load and clothes, and had sexual intercourse by inserting the victim’s sexual organ into the part of the victim.

C. At around 01:00 on April 9, 2019, the Defendant, at the above one’s house, kisk, kisced, kisced, kisced, and was sexual intercourse by putting his sexual organ into the part of the victim, and inserting his own sexual organ into the part of the victim.

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

2. Any person who violates the Child Welfare Act (child abuse) shall be a child;

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