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(영문) 의정부지방법원 2012.12.14 2012고합542
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)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

The defendant had been in the family in April 24, 1998, a victim D, his/her relative, at the domicile of the defendant, who had 101, Dong 403 of Gyeonggi-gun C Apartment, with his/her family.

1. On October 2010, the Defendant: (a) discovered the victim (the 12 years of age at the time) in the lower court’s residence at around 17:00 in the middle of October 2010, the Defendant committed indecent act by compulsion; (b) discovered the victim (the 12 years of age at the time) being the married; (c) led the victim to indecent act; and (d) took care of the victim’s name and slab with his hand, and committed an indecent act against the victim’s blood relative.

2. The Defendant committed a quasi-indecent act by compulsion on December 2, 2010, committed an indecent act by compulsion on the victim’s chest at the same place around 23:00, in order to find out that the victim (at the same time 12 years of age) is a mixed person, leading the victim to indecent act by compulsion, and committing an indecent act by compulsion on the victim’s chest in the same manner as paragraph (1).

3. On February 2, 2011, the Defendant committed an indecent act by compulsion, which committed an indecent act by force, committed an indecent act by force on February 2, 201, with the intent to force indecent act by force upon finding that the victim (the 12 years of age at the same time) was locked at the same place on February 23, 201, and committed an indecent act by force on the victim’s chest in the same manner as paragraph (1).

4. On May 201, the Defendant found that the victim (at the time 13 years of age) was lockedly locked at the same place at around 22:00 in the middle of May 2011, the Defendant: (a) attempted to force indecent acts; (b) taken the victim’s upper and brogate by hand; (c) taken the victim’s chest by walking the victim’s upper and brogate; and (d) taken the victim’s chest by hand and panty; and (c) taken the victim’s finger and panty at the victim’s negative part.

An indecent act was committed on the victim of kinship by making a deduction.

5. On July 201, 201, the Defendant: (a) discovered that the victim (the 13 years of age at the same time) was a married person at the same place on July 22, 201 when he/she discovered that he/she was a married person; and (b) was in blood in the same manner as prescribed in paragraph (4).

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