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(영문) 광주지방법원 순천지원 2018.06.07 2018고합41
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
Text

A defendant shall be punished by imprisonment for fifteen years.

The attachment of an electronic tracking device shall be ordered to the person who has requested the attachment order for a period of six years.

Reasons

Criminal facts

The facts constituting the cause of the attachment order and the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") are the parents of the victim B, C, D, and E.

In 2012, the Defendant reported that he was under the victim B (here, 12 years of age) in F apartment G when he/she was under his/her own residence, and accessed that he/she was under the victim B (here, 12 years of age) in F apartment G when he/she was under his/her own residence, thereby inserting his/her hand into the clothes of the victim.

Accordingly, the defendant committed an indecent act by force against a minor under 13 years of age, who is in a mental or physical loss or in an impossible state of resistance.

In 2013, the crime committed against the victim C [Indecent Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Minor Offenses under the age of 13)] was committed by the Defendant at the place described in paragraph (1) of the same Article around 2013, the Defendant reported that the victim C (in this case, 9 years of age) reported this television and accessed the victim, thereby putting the hand in the clothes of the victim, and caused buckbucks.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

On July 2017, the Defendant reported and accessed the victim C (the victim 13 years old) to keep the cell phone at the place specified in paragraph (1) around July 2017 and met the chest of the victim at around July 2017.

Therefore, although the Defendant stated in the written indictment for blood victims as “the victim who is a minor under the age of 13”, it is obvious that the victim is a clerical error and thus, it is corrected as above.

A indecent act was enforced by force.

Crimes against Victims D [Violation of Special Act on the Punishment, etc. of Sexual Crimes (Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes)] The defendant reported that the victim D (nick, 4 years of age) is able to do so at the places described in paragraph 1 of 2015 and added the fingers to the victim's resistance.

Accordingly, the defendant is in a state of mental or physical loss or impossibility of resistance.

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