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(영문) 대전지방법원 2012.12.06 2012고합609
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한준강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is a person who helps him to work D, who is well known to the defendant, and the victim E is a defendant's early adoption to the above C in 2000 and is a person with a physical disability of Grade III.

1. The Defendant violated the Act on the Punishment of Sexual Crimes and Protection, etc. of the Victims (indecent act of indecent act by compulsion in relation to relatives) committed against the victim (the nine years of age), who was using a computer in his ward in Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do on a date and around 2007, "I will see the victim as bad," and let the victim kn's hand, let the victim kn's hand, let the victim kn's hand, let the victim kn's clothes off, let the victim kn's breast and scar on the floor, and scard the suspect's sexual organ during the victim

Accordingly, the Defendant committed indecent act against the victim who was related to blood by taking advantage of the victim's disability to resist.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On March 2012, 2012, the Defendant committed an indecent act by force on the part of the victim, who was sexually related to the victim (the victim (the victim, the 14-year old age) in the above D’s ward using a computer, by deceiving the victim’s chest.

B. On April 2, 2012, the Defendant, on the part of the victim in the above D, committed an indecent act on the part of the victim who was sexually related to the victim, by walking the victim with his/her own school uniform cryp in order to have him/her go through the victim’s room in the above D. The Defendant committed an indecent act on the part of the victim who was sexually related.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to each investigation report (family relation certificate, attachment of a certified copy of resident registration, attachment of a certified copy of the suspect's removed copy, a copy of welfare card for the disabled, attachment of victim counseling place and living record book, attachment of expert opinion on child abuse against the disabled, on-site map

1. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 10258 of April 15, 2010) on the Punishment, etc. of Sexual Crimes and Protection, etc. of Victims Thereof, concerning criminal facts.

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