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(영문) 인천지방법원 2019.06.14 2018고합852
아동ㆍ청소년의성보호에관한법률위반(준유사성행위)등
Text

A defendant shall be punished by imprisonment for four years.

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 B (Wu, name, age 15).

1. The Defendant violated the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (quasi-similar act) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (quasi-indecent act of indecent act in relation to relatives) committed from around 01:00 to around 02:00 on the first day of September 2017 to around 02:0 of the same day, the Defendant reported that the victim was diving out of the victim’s living room located in the space below the place where the victim was located in the living room in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, the Defendant was able to put the Defendant’s hand into the victim’s panty, thereby gathering the fingers into the victim’s panty within the victim’s sexual organ, and putting the Defendant’s hand together into the victim’s inner organ.

As a result, the defendant committed quasi-similar act against the victim by taking advantage of the victim's mental or physical condition of mental or non-performance to resist, and at the same time committed indecent act against the victim by taking advantage of the victim's mental or physical condition of relatives.

2. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a quasi-decent act by compulsion in relation to relatives) committed on January 1, 2018 between 01:00 and 02:00 on the first day of January 1, 2018, and between 01:00 and 02:00 on the same day, the Defendant 1.

As a result, the defendant committed indecent acts against the victim by taking advantage of the victim's mental disorder or non-performance situation.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the prosecution against B;

1. The written statement made by the police against B;

1. Application of the forest-related Acts and subordinate statutes, such as house structure at the time damage occurs;

1. Article 7(4) and (2)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning criminal facts;

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