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(영문) 울산지방법원 2013.05.24 2012고합477
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

The Defendant, while living together with C from his oil around April 2005 to April 2008, maintained a de facto marital relationship with C while maintaining a de facto marital relationship, D (Eves women and 11 years old as at the time of 2005) also supported the living together.

1. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (a minor, rape, etc. under the age of 13), and violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof;

A. On July 2005, the Defendant: (a) told the victim who reported TV at the ward Nos. 101 located in Ulsan-gu, Ulsan-gu, 2005 at the ward No. 101, the Defendant was forced to leave the victim’s chest by hand.

Accordingly, the defendant committed indecent acts against a minor under 13 years of age who is related to relatives.

B. On August 19, 2006, around 19:30, the Defendant: (a) controlled the victim (the age of 12 at that time) who was sealed and resisted by the Defendant; (b) forcedly took the victim’s clothes in the victim’s clothes; and (c) continuously sacked the victim’s jackets and brokes by sucking the victim’s jackets and brokes into the victim’s chests by hand; and (d) boomed the victim’s chests immediately.

Accordingly, the defendant committed indecent acts against a minor under 13 years of age who is related to relatives.

C. At around 23:00 on August 14, 2006, the Defendant: (a) stated in the room of the above victim that the victim knee kneeed on the ground that the victim had many school problems; (b) controlled the victim who was pushed down and resisted by the Defendant; (c) forcedly sucking the victim’s jackets and brokes over the victim’s jackets and brokes, and (d) boomed the victim’s chests into the victim’s chests; and (b) entered the victim’s chests as soon as possible.

Accordingly, the defendant committed indecent acts against a minor under 13 years of age who is related to relatives.

2. A defendant who violated the Act on the Protection of Juveniles against Sexual Abuse and the Act on the Punishment of Sexual Crimes and Protection of Victims (Indecent act by compulsion in relation to relatives) shall add the problem of education to the victim (the age of 14 at that time) in the room of the above victim on April 208.

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