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(영문) 인천지방법원 2020.10.08 2020고합373
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

A defendant shall be punished by imprisonment for eight years.

The accused shall be children, juveniles-related institutions, welfare facilities for disabled persons and disabled persons.

Reasons

Criminal facts

The facts of the cause of probation and probation order [criminal fact] The defendant and the person against whom probation order was requested (hereinafter referred to as the "defendant") are as follows: (a) the victim B (tentative name, leisure, current 17 years of age; hereinafter referred to as "victim B") and the victim C (the current 15 years of age; hereinafter referred to as "victim C"), the victim's mother and mother were released on October 2008, and the victims were taken care of the victims for about one month, and they were entrusted with the victims from November 2008 to the nursery facilities, and they were requested for going out and staying out of the country from around 2010 to the victims and their places of residence.

1. Crimes against the victim B (violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent act by force among relatives);

A. From 2016 to 2017, the Defendant, at the place of residence in Namdong-gu, Incheon Metropolitan City (13 to 14 years of age at that time), was her finger by inserting his hand into the victim’s panty line and her fingers.

Accordingly, the defendant committed indecent acts by force against the victim B who is a relative of relatives.

B. The Defendant exceeded the victim’s will in order to commit an indecent act against the victim at the same place as above at the time from 2016 to 2017. However, the Defendant did not go against the victim’s will and did not commit an attempted act without binding the sprinking.

Accordingly, the defendant tried to commit an indecent act by force against the victim B who is a relative of relatives.

C. From May 2017 to May 1, 2017, the Defendant left the victim’s breast at the same place as above, and was under the part of the victim’s clothes on the part of the victim’s bed while playing in the bed with the said victim (the age of 14 years at that time).

Accordingly, the defendant committed indecent acts by force against the victim B who is a relative of relatives.

2. Crimes against victims C;

A. A. From September 22, 2018, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by force in relation to relatives).

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