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(영문) 인천지방법원 부천지원 2017.10.27 2017고합166
아동ㆍ청소년의성보호에관한법률위반(위계등간음)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

The defendant is the mother of the victim C (the family name, the female, the age of 15) and the father of the victim who was married in 200 and divorced in October 2016.

1. On March 5, 2017, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive scheme), committed sexual intercourse with the victimized person, who is a child or juvenile, by putting the victimized person’s mother on the floor, putting him/her away from the floor where he/she she boomed a breath of the victimized person’s breath of drinking at the victim’s residence located in Seocheon-si, Do-si, Do-si, and inserting him/her off his/her mouth and clothes, and inserting him/her out his/her her new sexual organ into the part of the injured person’s

2. On March 5, 2017, the Defendant committed an indecent act by force against the victim, who is a child or juvenile, on the part of the Defendant’s vehicle in the vicinity E in Bupyeong-si around 13:30 on March 5, 2017.

3. Defendant 1 violated the Child Reinstatement Act (the coercion, intermediary, sexual harassment, etc. against a child) committed sexual intercourse and indecent act with the victim, as described in the aforementioned paragraphs 1 and 2, and committed sexual abuse that causes sexual humiliation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes, such as stenographic records (title C), investigation report (a medical certificate, etc. of a hospital for diagnosis of a victim), diagnostic certificate, medical opinion, medical prescription, marriage-related certificate, etc.;

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of sexual intercourse with children and juveniles), Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (a point of forced indecent act against children and juveniles) and Article 71 (1) 2 and subparagraph 2 of Article 17 of the Act on the Protection of Children and Juveniles against Sexual Abuse against the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (i) are due to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive means) and sexual intercourse.

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