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(영문) 인천지방법원 2016.04.27 2016고합105
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

The defendant thought that D, a de facto spouse, was able to take care of the victim E (the 10-year-old age), a female spouse, and that sexual values were not established due to the victim's age, and that it was difficult to resist or request assistance easily even if the victim committed an indecent act, and thus, he tried to commit indecent act or rape.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against minors under the age of 13);

A. On August 2015, the Defendant: (a) at the above D’s house located in FF loan 7th 101, Nam-gu, Incheon, Nam-gu, 2015, while the Defendant viewed TV from the ward; (b) while the victim, who was reported on the cell phone image at the inner bed, was in the inner bed part of the victim, by inserting his hand and panty with his hand, and was in charge of his hand by inserting his hand.

In this regard, the victim resisted that the victim "I Mana" and went out of the room, and again she returned to the victim again, and she committed an indecent act against the victim by inserting her hand and panty by inserting her hand into the victim's panty.

B. On November 2015, the Defendant committed an indecent act against the victim, such as: (a) in the house above D on the date of November 2015, the Defendant 2015 creshed the said D’s work and creshed the television in the inner bed; (b) in the victim’s side where the television was reported by the inside bed; (c) in the victim’s panty and panty; (d) put the victim’s tyrts into the chest; and (e) put the victim’s tyrts into the chest; and (e) put the victim’s chest into the chest, and then

(c)

At around 21:00 to 22:00 on December 18, 2015, the Defendant, at the house above D around 21:0, 2015, followed the gap between the above D’s work and the victim who reported television at inside the inside, added the hand to the victim’s panty and panty, and met the sound part by hand. While the victim refuses, the Defendant continued to put the victim’s upper part and brogate up to the breast part, and cut the chest by hand.

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