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(영문) 인천지방법원 2017.12.22 2017고합638
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

A defendant shall be punished by imprisonment for eight years.

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

(e).

Reasons

Punishment of the crime

The Defendant living together with the victim F, a father-child of the victim D (son, E), from around 202 to around August 201, and lived with the victim from around 201 to around 2017.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by quasi-indecent Acts by relatives under the age of 13);

A. From October 2015 to November 11, 2015, at around 00:00, the Defendant was divingd from the Defendant’s dwelling room located in Nam-gu Incheon Metropolitan City (at the time, 10 years of age) to the victim (at the time, 10 years of age), exceeded the victim’s fright and panty, and met by hand the part of the victim’s sound.

B. From August 2016 to September 1, 2016, the Defendant: (a) had been divingd from the Defendant’s dwelling room located in the Nam-gu Incheon Metropolitan City H Housing No. 502 at night on September 201, to the victim (at that time, he was 11 years old); (b) had his fingerd into the victim’s inner part; and (c) had the victim’s chestd into the victim’s chest, as he was in charge.

(c)

On 2017, the Defendant partially revised the facts charged to the Defendant to the extent that it does not disadvantage the Defendant’s right to defense (see, e.g., the 66th page of the investigation record). On her own night, the Defendant partially revised the facts charged to the victim who was unfavorable on the part of the Defendant’s right to defense at the place specified in the same paragraph (see, e.g., Supreme Court Decision 2

C. Along with the fact that the grandchildren were stored into the inner part of the injured party, the chest of the injured party was stored as they were in charge.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental or physical loss or arbitrative state of under 13 years of age who is in fact related to relatives three times.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes, etc. by minors under the age of 13) committed by the Defendant, on any of the following day, the victim who believed that he/she would leave his/her usual defendant at the defendant’s residence located in the Southern-gu Incheon Metropolitan City H 502, Nam-gu, in a relationship between his/her mother and the Defendant.

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