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(영문) 서울북부지방법원 2017.09.15 2017고합243
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

around 2005, the Defendant married with the Victim D and the mother of the Victim E, and resided with the victims from that time. The victims D have a minor mental delay of class 3 of intellectual disability as 67 with the total intelligence index, and the victims E was diagnosed with class 2 of intellectual disability as the premise intelligence index 48.

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by blood) committed an indecent act against the victims by using the victim D, who was flicker of the victim’s wife, who was locked at the bottom of Dobong-gu Seoul, at around 06:00 on September 2010, when the Defendant prepared to work in the Defendant’s residence located in Dobong-gu Seoul Metropolitan Government, and was able to take care of the victim’s blicker, who was locked at the bottom of the 13 years old. In addition, the Defendant committed an indecent act against the victims by using the victim’s blick status, which was flicker of the victim’s 4 times in total, as shown in Table 1 of the Day of Attached Crimes, and by using the victim’s blick condition of resistance.

2. A violation of the Child Uniforms Act (a violation of the Act, such as coercion, intermediary, sexual harassment, etc. against a child) committed an act of sexual humiliation or sexual humiliation, etc. against a child, which is difficult for the victim to exercise his/her right to sexual self-determination, on August 2013, 2013, at the Defendant’s residence, 12:00 as of the date, the Defendant changed the amount of money to the Defendant, i.e., the victim E (n., his/her 14 years old), who is his/her block, from the victim’s wife, “one defect, and the thickness to reduce the amount of the money”, and the victim exceeded the victim’s clothes, and sexual intercourse once with another victim listed on the victim’s body, thereby sufficiently forming sexual sense and ability to exercise his/her right to sexual determination, and committed sexual humiliation, etc., eight times in total from that time to March 2016.

Summary of Evidence

1. The defendant's person;

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