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(영문) 대구지방법원 2014.12.19 2014고합321
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

The defendant is a person who is in a de facto marital relationship with D, a mother of the victim C (age 5) and is a de facto relative with the victim.

1. On 2013, at the same time, the Defendant reported that the victim was able to ever at the Defendant’s house bed at the Defendant’s house room in Daegu-gu Ebud 101, and attempted to get out of the victim’s house with his mind to commit an indecent act, but the victim forced her hand to go back, and forced her hand into the victim’s panty, and forced the victim’s hand to go up, and let the victim her own sexual organ.

Accordingly, the defendant committed indecent acts against a minor under 13 years of age who is related to relatives.

2. On the day following the crime of Paragraph 1, the Defendant: (a) 2013, the day following the crime of Paragraph 1, 1, 2013, the Defendant was able to report the victim who was seated in the above defendant’s house room around the morning and play, and forced him to do an indecent act on the victim’s clothes.

Accordingly, the defendant committed indecent acts against a minor under 13 years of age who is related to relatives.

3. The Defendant: (a) around the day of the crime of Paragraph (2) of this Article, reported that the victim was enjoyed at the above Defendant’s house room; (b) took the victim’s mind of committing an indecent act; (c) took the victim’s hand into the inner organ, forced him to talk with the victim’s fingers; and (d) continued to put the victim’s fingers into the victim’s panty, and had the victim talked with the victim’s panty.

Accordingly, the defendant committed indecent acts against a minor under 13 years of age who is related to relatives.

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. The police statement concerning G;

1. C's statements and stenographic records recorded in each video CD;

1. An intermediary's report and an expert's opinion on child sexual assault case;

1. A family relation certificate (I) law shall apply 1.

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