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(영문) 광주지방법원 목포지원 2012.10.25 2012고합177
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a person who has a relationship with the victim, as a shesheshesheshels in the victim C (Il, 14 years of age).

1. On 2009, the Defendant forced the victim C, who was the fifth grade of the elementary school, to put the victim C, who was a blood relative in the Defendant’s sexual organ and the victim’s sexual organ in contact with the victim, in the following manner: (a) the Defendant committed an indecent act by force for 30 minutes in the status of contact between the Defendant’s sexual organ and the victim’s sexual organ.

2. In spring 2010, the Defendant, at the ward No. 307 104, 307-104, posted the victim, who was the sixth-year elementary school, in the same manner as the preceding paragraph, committed an indecent act by force against the victim who was related to him by means of the victim’s clothes, putting the victim’s chest into the victim’s clothes, and taking charge of the victim’s chest.

3. 피고인은 2010. 가을에서 겨울 사이 이하 일자 불상경 위 D아파트 307동 104호 안방에서 초등학교 6학년인 피해자를 바닥에 눕게 하고 피해자의 다리를 벌려 피고인의 어깨 위에 피해자의 다리를 걸쳐놓은 다음 입과 혀로 피해자의 음부를 핥고, 손가락을 피해자의 음부에 집어넣는 등의 방법으로 친족관계에 있는 피해자를 강제로 추행하였다.

4. The Defendant, who was anchored at the north port at the time of Mapopopo-si on a date, committed an indecent act by force against the victim, by inserting his hand in the victim’s clothes and taking custody of the victim’s chest, when the Defendant was at the inside room of the ship that he works as a seafarer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police protocol of statement of C, E, F, and G;

1. Application of Acts and subordinate statutes of the investigative report (153 pages of investigation records);

1. Matters concerning the punishment, etc. of sexual crimes under Act No. 10258 of April 15, 2010, respectively, of the relevant provisions of the Act on the Punishment of Sexual Crimes and the Protection, etc. of Victims Thereof concerning criminal facts and the selection of punishment.

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