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(영문) 인천지방법원 부천지원 2018.06.01 2018고합41
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

A defendant shall be punished by imprisonment for nine years.

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

(e).

Reasons

Punishment of the crime

The defendant is the only part of the victim E (n, 14 years old), and from around 2015, the victim and his mother were living together with the victim.

1. The part of the charges revised according to the prosecutor’s application for permission to amend an indictment on May 15, 2018 is the part concerning the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.

2. The following facts are different from the facts stated in the paragraph and the name of the pertinent offence.

On December 2, 2015, the Defendant: (a) around the end of Kimpo-si, F apartment house △△△△△, Kimpo-si, left chest of the victim was able to resist while her mother and her mother were living together with the victim; and (b) the Defendant left chest of the victim.

As a result, the Defendant committed indecent acts against the victim by taking advantage of the victim's non-competence status, which is a child or juvenile relative.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On 2016, the Defendant had a victim’s living room in the Defendant’s place of residence, but the victim was placed in the victim’s panty and became only the part of the victim’s panty.

나. 피고인은 2017. 11. 경 오후 2~3 시경 피고인의 주거지 거실에서 누워서 티브이를 보고 있는 도중에 갑자기 피해 자의 상의를 올려서 피해자의 가슴을 빨고 젖꼭지를 깨물었다.

(c)

On February 9, 2018, around 22:00, the Defendant got off the victim who covers and takes a fluence in the room of the victim within the Defendant’s residence, and continued to talk with the victim’s chest because the victim, who was living together his chest, refused to do so, and only one part of the victim’s chest was met.

Accordingly, the defendant committed an indecent act against a child or juvenile victim who is a relative of the child or juvenile.

3...

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