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(영문) 창원지방법원 통영지원 2019.02.14 2018고합136
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for seven years.

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

Reasons

Punishment of the crime

From February 2011, the Defendant is in a de facto marital relationship with C, who is a father-child of the victim B (V, 8 years of age), and is in a de facto marital relationship with the victim.

1. From March 2012 to July 2012, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force committed by force in relation to relatives) committed an indecent act against the victim’s sexual intercourse with the victim’s home located at Dong-si D, with the victim’s spande to report and engage in an indecent act against the victim’s television viewing, with the victim’s spande, with the victim’s knife, with the victim’s knife, and with the victim’s knife, with the victim’s knife, with the victim’s panty, and with the victim’s knife, with the victim’s panty.

Accordingly, the Defendant committed an indecent act on the victim of de facto kinship.

2. 성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행) 피고인은 2012. 3.경부터 2012. 7. 중순경 사이 새벽 무렵 위 1항 기재와 같은 장소에서, 잠을 자고 있던 피해자를 추행할 것을 마음먹고 피해자의 옆으로 다가가 누운 다음 피해자의 바지와 팬티를 벗기고 혀로 피해자의 음부를 수회 핥고, 피해자의 입술에 혀를 집어 넣었다.

In this respect, the defendant committed indecent acts against the victim by taking advantage of the victim's de facto state of impossibility to resist.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act such as Minors;

A. From March 2012 to July 2012, 2012, the Defendant left a dynamic image with the Defendant at the same place as indicated in the foregoing paragraph 1 at the end of the night, and the Defendant left a panty with his hand after leaving the victim’s head and leaving the victim’s panty with a view to reporting the Defendant’s damage room and committing an indecent act.

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