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(영문) 수원지방법원 안양지원 2019.06.21 2019고합59
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

The defendant is the friendship of the victim B (a family name, female, 10 years of age), and the victim C (a family name, female, 10 years of age) is the school line B.

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a quasi-decent act by compulsion in relation to relatives) committed in the house of the Defendant located in Sinpo-si, Manpo-si, Sinpo-si, Manpo-si, and the victim B, who was diving, was able to put his hand in the clothes and the chest of the victim.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental disorder or impossibility to resist.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor or indecent act);

가. 피고인은 2017. 여름경 위 피고인의 집에서, 피해자 C과 B가 함께 있는 것을 보자 피해자에게 안마를 해준다면서 피해자의 엉덩이 위에 올라타더니 갑자기 자신의 성기를 피해자의 엉덩이에 수회 비볐다.

나. 피고인은 2017. 여름경 위 피고인의 집에서, 피해자 C과 B가 함께 있는 것을 보자 갑자기 양손으로 피해자의 어깨를 잡아 눕힌 뒤, 피해자의 몸 위에 올라타 혀로 피해자의 귀를 핥았다.

C. The Defendant, at the house of the above Defendant around 2017, was sent back to the victim C, who was seen as TV together with B, due to the victim C’s own fault.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

3. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor, quasi-indecent act by compulsion under thirteen years of age) committed by the Defendant at the house of the above Defendant, B, and C, who was locked together with the victim C, and pushed the victim’s body by taking advantage of the victim’s body, and caused the victim to talk with the victim’s knife and chest by hand, and contacted the Defendant’s sexual organ with his knife.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental disorder or non-ffort condition of under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Stenographic records of the victim C;

1.Each.

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