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(영문) 서울중앙지방법원 2015.11.27 2015고합898
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
Text

1. The punishment of the accused shall be determined by 15 years;

2. A sexual assault treatment program for 80 hours against the accused.

Reasons

Punishment of the crime

The defendant is the father of the victim C (in women, D) and the victim has habitually exercised violence against the wife of the defendant and the mother of the victim from the first year of elementary school.

Therefore, if the victim refuses to commit an indecent act by the defendant, the victim's mother or the victim cannot actively resist because of his or her fear of assault, etc., and thus, he or she cannot actively resist the defendant's indecent act, etc. by psychological and emotional suppression.

1. Violation of the Act on the Punishment, etc. of Sexual Crimes (compreting minors, deceptive schemes, etc.);

A. On May 2013, from May 2013 to June 2013, the Defendant, despite the intent of the victim (at that time, 10 years of age) who was placed in front of the lodging house located on the first floor of Jongno-gu Seoul E Underground, was placed on the block of the victim by putting the victim’s hand on the bleep, she exceeded the victim’s clothes by forcing the victim’s hand off and flicks with the victim’s chest and flicks, she laid down the victim’s chest and flicks, and she had sexual intercourse with the victim by continuously inserting the Defendant’s sexual organ into the part of the victim’s sound.

B. From May 2013 to June 2013, the Defendant, at around 15:00 on the date (at around 3 to 4 days after the commission of the crime described in paragraph (a)), had the Defendant view TV together at the Defendant’s residence in Seongbuk-gu Seoul, and had the victim (at that time 10 years of age) enter the Defendant’s room using the Defendant, and had the victim close the victim’s visit and prevented the victim from leaving the room, and had the victim forced off the victim’s clothes, cut off the victim’s chest and sound with his/her hand, and added the Defendant’s sexual organ into the victim’s negative part.

C. On 2014, the Defendant: (a) around 15:00 as of the date when Ga was made.

At the location described in the paragraph, the victim (at the time 12 years of age) who intends to go out of the part of the defendant, at the request of the defendant, is placed on the part of the victim, who is forced to go out of the part of the victim, and is exempted from the clothes of the victim, and only the part of the victim with his fingers.

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