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(영문) 서울북부지방법원 2018.07.06 2017고합329
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

The defendant is the head of the victim D, the 19 years of age, and the head of the victim who completed the marriage report on March 7, 2005, and the victim is the relative of the defendant.

1. The Defendant committed an indecent act by blood in violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof, and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by blood) at the home of the victim of Seongbuk-gu Seoul E building 102, Seongbuk-gu, Seoul, Seoul, the Defendant committed an indecent act by force against the victim who had a relative five times in total, as shown in the list of crimes in the annexed crimes, by making the victim (the 7 years old at the time) attend the body of the victim and are well aware of the body of the victim when the victim sits in the body of the body on his/her own, and by making the victim sit in the body on his/her own, he/she committed an indecent act by force against him/her over five times in total, as described in the list of crimes in the annexed crimes.

2. Violation of the Child Uniforms Act (the coercion, mediation, sexual harassment, etc. against a child) committed abuse, such as sexual harassment, etc., which causes a sense of sexual humiliation, against a child, by putting the victim (the child at the age of nine at that time) who was seated on the steering of the Defendant on a three-wheeled passenger car in which the Defendant was driven by the Defendant on the same day on the same day, leaving the Defendant’s boomer and her sexual organ out by hand, and showing the Defendant’s sexual organ to the victim (the child at the age of nine) who was seated on the steering.

Summary of Evidence

1. Each statement of the witness C and F in the fourth public trial record;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution with regard to D (part);

1. Application of Acts and subordinate statutes concerning the investigation report (specific relation to the place of damage);

1. Article 7 of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; Act No. 10258, Apr. 15, 2010; Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) regarding criminal facts.

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