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(영문) 서울북부지방법원 2016.01.29 2015고합292
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

To order the accused to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

On February 2, 2014, the Defendant reported the marriage with the mother D of the Victim C (V, 6 years old at the time of the instant case) around February 201, and is currently the father of the victim.

From March 2013, the Defendant, while living together with the victim and D, was able to commit an indecent act by using the fact that the victim, who was aware of himself as his father, was aged and has no sexual self-determination ability and, in case of an indecent act by pretending the Defendant’s protection or patriotism, he could not easily refuse it or resist it.

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Relatives) and Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Forced Person under 13 years of age) were committed by the Defendant, who was locked together with the victim and D in the bends inside the Defendant’s residence located in Jung-gu, Seoul, the Defendant 22:0 on October 1, 2013 through November 2013, 2013, and was locked with the victim and D, with the intent of gathering his sexual desire by using the gaps in which D was locked.

As a result, the defendant committed an indecent act by force against the victim who is a de facto relative, and at the same time committed an indecent act against the victim under 13 years of age.

2. From September to November 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by blood) committed in his/her hands the victim’s sexual desire while taking a bath like the victim at a toilet for the Defendant’s residence as stated in paragraph (1) in order to meet his/her own sexual desire.

Accordingly, the defendant committed an indecent act by force against the victim, who is a de facto relative.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each investigation report (the recording of images against the victim F, the submission of expert opinion on statement analysis to the victim F, and reference person;

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