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(영문) 광주지방법원 목포지원 2014.10.02 2013고합113
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for five years.

The information on the accused shall be disclosed through an information and communications network for five years.

Reasons

Punishment of the crime

From June 2012, the Defendant had been able to commit an indecent act against the victims of E, who were married with the victim, while maintaining a de facto marital relationship with E at the mother E of the victim D (L, 9 years of age) in Frang City from June 2012.

1. Around September 2012, the Defendant forced the victim to leave the victim’s boom and panty, who was divingd by entering the victim’s room at the E’s house located in Mapo-si, Mapo-si, Mapo-si, and forced the victim to leave the victim’s fingers into the sound part and return back to several times.

2. Around January 2013, the Defendant, at the same place as above 1, 2013. The Defendant: (a) induced the victim by viewing the victim’s television to the Defendant’s room; and (b) forced the victim to commit an indecent act by placing the victim’s hand in the face of the victim who reported the television while enjoying the victim’s clothes; and (c) forcing the victim to take charge of the chest.

3. Around February 2013, the Defendant, at the same place as the above 1st paragraph, committed an indecent act by force against the victim by deceiving the victim’s negative body in the Defendant’s room.

4. On March 2013, the Defendant, at the same place as above 1, committed an indecent act by force against the victim by deceiving the victim’s chest in the Defendant’s room.

5. On May 2013, the Defendant, at the same place as above 1, 2013. On the part of the Defendant, sent the victim under clothes to the Defendant’s room, and put the victim into a bed, placed in the bed, and forced the victim to be exempted from the Defendant’s spanty and panty, and she forced the victim to commit an indecent act by inserting the finger into the part of the victim’s sound and return back to and from several occasions.

Summary of Evidence

1. Each police statement of E;

1. Statement recording recorded by the police against D;

1. Application of Acts and subordinate statutes on expert opinions of child sexual assault cases;

1. Article 5 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) regarding criminal facts.

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