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(영문) 대구지방법원 안동지원 2015.01.29 2014고합73
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
Text

A defendant shall be punished by imprisonment for eight years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The defendant is a friendly father of the victim C (math, 14 years of age), and the victim is a student attending the second year of a middle school and has a mental retardation.

The defendant was separated from his wife and the victim, and there were one son and one son in addition to the victim, but each son and one son respectively lives in the workplace and in the dormitory of high school. The defendant was living together with the victim.

The defendant was aware of the fact that the victim often mixs the victim in peace, and that even if he has sexual intercourse with the victim with a mental body, he could not report his father's sexual intercourse with the victim, he decided to have sexual intercourse with the victim by force.

1. On March 1, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Abs. 13 years of age) caused the victim (the 12 years of age at that time) who is taking a night at his house located in the Defendant’s house located in Ansan-dong-si D to be placed on the part of the Defendant’s front gate, thereby forced him to leave the victim’s knee and panty, and sexual intercourse once with the victim by inserting the Defendant’s sexual organ into the part of the victim’s kne and knee, etc.

Accordingly, the defendant had sexual intercourse with the victim under 13 years of age by force.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On September 28, 2014, around 15:00 on September 28, 2014, the Defendant, at the same place as the above paragraph (1), had sexual intercourse once with the victim by inserting the Defendant’s sexual organ into the victim’s sound book, following the victim (the 14-year old-age-old victim), who was fele and panty of the Defendant, and knee and knee the Defendant’s panty, and inserting the Defendant’s sexual organ into the victim’s sound book.

Accordingly, the defendant, by force, has sexual intercourse with the victim who is a child or juvenile.

B. On September 29, 2014, the Defendant was above the Defendant on September 29, 2014.

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