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(영문) 대구지방법원 상주지원 2016.05.19 2016고합11
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

A defendant shall be punished by imprisonment for eight years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a person living together with the mother of the victim C (the family name, the current 16 years of age) for about seven years and has been living in a de facto marital relationship.

The victim was brought up by friendly her parent, not by her parents, but by her three villages, but was unable to have frequent assaults in her three villages, and became a living at the above D's house. The Defendant was aware of the above situation of the victim.

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Relatives) and violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent act by compulsion of a minor under the age of 13), the Defendant committed an indecent act by force against the victim under the age of 13, at the same time, on his/her hand, in a residence located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul by taking advantage of the gaps without the victim’s motherD in 201.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Relatives) and the Act on the Protection of Children and Juveniles against Sexual Abuse ( quasi-indecent act) committed an indecent act by taking advantage of the victim’s chest, as he/she included his/her finger in his/her residence located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, as he/she took charge of the victim’s chest, and committed an indecent act by taking advantage of the victim’s resistance impossible condition, which is a child or juvenile.

3. 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;

가. 피고인은 2013. 9. 말 05:00 경 상주시 F에 있는 ‘G 모텔’ 불상의 호실에서 그 곳 바닥에서 잠을 자고 있던 피해자에게 다가가 피해자를 끌어안고 피해자의 옷 안으로 손을 넣어 피해자의 가슴과 음부를 만졌고, 옆에서 자고 있는 D이 잠에서 깰 것을 걱정하여 제대로 저항하지 못하는 피해자의 성기에 자신의 성기를 삽입하고 간음하여 친족관계에 있음과 동시에 아동 ㆍ 청소년인...

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