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(영문) 수원지방법원 안산지원 2016.05.20 2016고합25
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

The defendant is a person who is married to the victim C (Korean name D, F, 13 years old), a parent of the victim C (Korean name D, F, 13 years old), and is a person who cares for the victim.

1. The defendant who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by blood) finds that the victim who blicker of the defendant is seated in his/her beds and reported his/her cell phone to him/her, in the defendant's residence located in the F building 201 at Silung City, around 19:00 between December 16, 201 and 17, and that the victim does not refuse to do so.

In this regard, even if the defendant was pushed the defendant, the victim was forced to commit an indecent act by inserting his hand into the inner part of the damaged person.

Accordingly, the defendant committed an indecent act against a relative related person by force.

2. On January 17, 2016, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse ( quasi-similar act) committed a similar act by putting the Defendant’s finger and the finger in the victim’s clothes in the victim’s sexual organ during the victim’s sexual organ, at around 14:00, at the same place as Paragraph 1, a person who suffered damage, such as Paragraph 1, was in a mobile phone.

As a result, the defendant used a similar situation in which juvenile victim's resistance is impossible.

3. On January 18, 2016, the Defendant: (a) discovered that the victim, as referred to in paragraph (1), was in a place identical to that of paragraph (1), around 18:00 on January 18, 201; (b) discovered that the victim, as referred to in paragraph (1), was in a cellular phone by getting in the beds; and (c) sit in the victim’s clothes to put him/her in his/her fingers; and (d) talks with the chest and fluor of the victim; and

In spite of refusal and side-up of the victim's body, the victim's body is divided into the victim's body and the victim's body cannot resist the victim's body, and the victim's panty is off, and the defendant's sexual organ was inserted into the victim's sexual organ.

Accordingly, the defendant raped a relative related victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The statements of D contained in video recording CDs 1.

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