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(영문) 서울북부지방법원 2016.05.09 2015고합378
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is a father of the victim C (n, 15 years of age) and has been living together with the victim's mother D (n, 50 years of age) from around 2009 when the victim was in the third year of elementary school, and has been living together with the victim's mother D (n, 50 years of age).

Since the above D was economically and psychologically underground to himself, the victim following the above D could not easily refuse the order of the defendant, and if the victim refuses his own will, taking advantage of the suppression attitude such as preventing the victim from leaving the room or preventing the victim from using the cell phone of the victim, the victim committed indecent act by force or coercion from springing around April 2010 to early April 2015.

1. Violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Rape, etc. of Minors under the age of 13) The Defendant, at the bar of the Defendant located on the 1st floor in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, the Defendant left a television by putting him on the bed, such as the victim, at the house inside the dwelling of the Defendant located on the spring of 2010.

Along with the fact that the victim does not explicitly refuse, he was able to kis down in his clothes with the victim's chest who kissk, and kisk kis, while kiscing the victim's kis.

Accordingly, the defendant committed an indecent act by force against the victim under 13 years of age.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc. of Minors under the age of 13);

A. On 201, the Defendant, at the same time and at the same place as of the date in which 2011, used the victim’s intention not explicitly refused by the same method, put his hand into the clothes of the victim who was in boomed, and her chest and tur.

Accordingly, the defendant committed an indecent act by force against the victim under 13 years of age.

B. The Defendant on December 2012

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