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(영문) 서울중앙지방법원 2017.04.28 2017고합152
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
Text

A defendant shall be punished by imprisonment for seven years.

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

Reasons

Punishment of the crime

After reporting a marriage with C on Nov. 11, 2002, the Defendant maintained a de facto marriage relationship with C even after reporting a divorce on Apr. 1, 2003, and the victim D (here, 2002) is a woman created between C and C.

The defendant, while under the influence of ordinary breath, often used verbal abuse and violence to his family members including the victim, led the victim to the defendant.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an interval between minors under the age of 13 and fraudulent means, etc.);

가. 피고인은 2013. 여름 일자 불상 점심시간 무렵에 서울 중랑구 E에 있는 반지하 2호 피고인의 집 안방에서 피해자( 당시 10세) 와 단둘이 있게 되자 피해자를 불러 피고인의 곁에 눕게 한 후 잦은 피고인의 폭언과 폭행으로 인한 두려움 때문에 반항을 하지 못하는 피해자의 하의를 벗기고 피해자의 음부를 입으로 빤 다음 피고인의 성기를 피해자의 음부에 삽입하였다.

B. A around September 2014, the Defendant: (a) entered the new wall on the date in the new wall; (b) entered the victim’s inner part of the victim (at the time, he was suffering from the victim’s lower part; and (c) laid down on the part of the victim’s back to the victim’s inner part; and (d) inserted the victim’s sexual organ into the part of the victim’s sound part.

(c)

From 15:00 to 16:00 on the date of 2015, the Defendant left the house of the Defendant from 15:0 to 16:0, to 16:00, left the house of the Defendant’s home located in Jung-gu Seoul, Jung-gu to 12 years of age at the time) and left the school after leaving the school, the Defendant left the locked of the victim who was unable to resist because of the aforementioned fear, and inserted the Defendant’s sexual organ into the part of the sound of the victim, who was enrolled above the part of the victim’s home.

Accordingly, the defendant has sexual intercourse with a minor under 13 years of age by force.

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