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(영문) 서울중앙지방법원 2017.12.22 2017고합1074
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준유사성행위)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

On January 8, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Southern Branch of the Gwangju District Court, and completed the execution of the said punishment on May 30, 2017.

The defendant is the father of the victim C (V, 10 years old).

1. The defendant who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the similarity of minors under the age of 13) and violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the quasi-indecent act by relatives);

A. On October 9, 2017, the mother of the Defendant, from around 04:00 to 05:00, left tobacco at the home, and returned to the mother of the Defendant, Yeongdeungpo-gu Seoul Metropolitan Government Building D No. 501, and found the victim who was satis in the massage cell, and the victim was satisfing down the inner clothes of the injured party by left hand, and then sat down the inner part of the injured party’s finger, and satisfing it up to three to four times, and repeated up to the end;

B. From around 04:00 on October 11, 2017 to 05:00, the mother of the Defendant, as described in the foregoing paragraph, discovered the victim who obscenity in a ward from the home to 05:0, and found the victim’s obscenity by using a computer, cut the victim’s clothes back to the victim’s left hand, and then put the victim’s finger into the part of the victim’s finger hand, putting the victim’s finger, and putting the victim’s finger over three to four times, and repeated up until the end, she collected the finger hand and suspended finger, and put the victim’s finger into three to four times.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's non-refluence status less than 13 years of age in the victim's sexual organ and by taking advantage of the victim's non-fluence status, and by taking advantage of the victim's non-fluence status.

2. A defendant who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an indecent act committed by a minor under the age of 13) and a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-voluntary indecent act by blood relative) shall be recorded in the above paragraph 1 (a) around October 10, 2017.

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