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(영문) 대구지방법원 경주지원 2014.12.22 2014고합76
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

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

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

Reasons

Punishment of the crime

The defendant is the father of the victim C (V, 16 years old) who is a cadastral disability third grade (not less than 4 years old intellectual ability).

1. The Defendant: (a) around September 2013, at the Defendant’s house located in D on the Special Act on the Punishment, etc. of Sexual Crimes (a indecent act by compulsion in relation to relatives) discovered the victim who was diving, who was divingd in the bed; (b) laid off the victim’s strts in the bed; and (c) laid off the victim’s bed one time by hand; and (d) rejected the victim’s chest in the locking; (b) however, the victim was “I am,” and the victim was “I am.” while stating that “I am, I am,” and put the victim’s finger into the victim’s sexual organ by gathering his hand with the victim’s sexual organ, and collected his fingers into the victim’s sexual organ.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

2. On April 23, 2014, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-indecent act by compulsion in relation to relatives) discovered a victim who was diving due to leakage in the beds at the home of the Defendant located in E at racing on April 23, 2014, and became only one time the victim’s chest was suffering by his/her hand.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's blood victim's state to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement-recording CDs against the victim C;

1. An expert opinion on child sexual assault case;

1. -a copy of the welfare card, one copy of the family relation certificate - one copy of the disability diagnosis, one copy of the medical record, one copy of the counseling day, one copy of the diagnosis, one copy of the investigation report, one copy of the investigation report (in addition to field photographs), six copies of the criminal facts stated in the judgment of the defendant, that there is no fact that the victim's sexual organ is limited among those stated in paragraph 1 of the criminal facts in the judgment, and that there is no fact that the fingers are added to the victim's sexual organ, or that the victim has stated the fact of damage specifically and consistently, and that the victim's intellectual ability is sufficient to reorganize the victim's work that has not been experienced.

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