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(영문) 대구지방법원 의성지원 2014.02.11 2013고합44
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for seven years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is in a female relationship with the victim C (n, 15 years of age), and the victim was in a fluoral relationship with the victim by assaulting the victim at any time.

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion on Relatives) and the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by indecent act) around 15:00 to 16:00 on the date left by the Defendant’s residence located in Daegu-gu, Seogu, Daegu-gu, in order to put his/her hand into the victim’s clothes where he/she was living together with the Defendant within the victim’s house room, thereby gathering his/her chest, and raising his/her chest.

Accordingly, the defendant was related to his/her relatives, and committed an indecent act by force against the victim who is a child or juvenile.

2. Around September 20, 2013, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape in Relatives) and the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape, etc.) committed sexual intercourse once with the victim by inserting the victim’s sexual organ into the body of the victim by inserting the victim’s alcohol at the large room of the Defendant located in North Gun E, North Gun; the victim was under the influence of alcohol and committing rape; and the victim was able to have sexual intercourse with the victim by inserting his/her finger in the body of the victim, taking advantage of the victim’s state of her ability to resist or unable to resist, which would be against the victim’s father-child’s intent or father-child behavior; and inserting the Defendant’s sexual organ into the body of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. Stenographic records of the statement made by C;

1. An investigation report (a report accompanied by a counseling log for victims);

1. Application of Acts and subordinate statutes on family relation certificate;

1. The provision of relevant laws concerning criminal facts;

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