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(영문) 서울서부지방법원 2014.11.28 2014고합257
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

1. The defendant shall be punished by imprisonment with prison labor for twelve years;

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

Reasons

Punishment of the crime

The defendant is the pro-child of the victim C(M, 17 years of age).

Since 198, when the Defendant was living separately with his wife and was bringing up the victim from that time, the Defendant had been able to commit an indecent act and rape against the victim by refusing to do so, and when the victim refused to do so, he had been able to refuse to follow the direction and demand of the Defendant, or by using the state in which the victim was unable to resist easily.

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. From January 2006 to February 2, 2006, the Defendant committed an indecent act by force against the victim, who is a relative under the age of 13, by inserting his hand into the victim’s panty ties where the victim (the age of 8 years at that time) was locked in his residence in Eunpyeong-gu Seoul Metropolitan Government.

B. From November 2008 to December 12, 2008, the Defendant committed an indecent act by force against the victim (the age of 11 at that time) who is being her panty, her panty, her leg between the victim in the spanty, and her leg between the victim in the spanch and the victim in the spanch, by force against the victim, who is a relative under the age of 13.

2. 성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등), 성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간) 피고인은 2009. 6.경 서울 은평구 E 202호에 있는 피고인의 주거지에서 피해자(당시 12세)의 옷 속에 손을 넣어 가슴을 만지고, 피해자의 옷을 벗긴 후 피해자의 가슴과 음부를 혀로 핥고, 피해자가 “하지 말라”고 거부의 의사를 표현하였음에도 피해자의 의사에 반하여 피해자의 음부에 손가락을 집어넣고, 피해자의 음부에 피고인의 성기를 1회 삽입하고 성교하여 13세 미만의 친족인...

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