(영문) 수원지방법원 2019.09.26 2019고합273

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(영문) 수원지방법원 2019.09.26 2019고합273

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등

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A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

On May 31, 2012, the Defendant reported marriage with the victim B on May 31, 2012, and had been living together with the victim C (here, D) that the victim B gets with her husband.

1. Around August 2018, the Defendant committed an indecent act by using the following facts: (a) showing violent figures, such as drinking a usual drinking, taking a large amount of excreta to B before the victim C (the age of 12 at that time) and gathering things, the Defendant did not call the Defendant, who is his father; and (b) holding the victim under the age of 12, with the intention of committing an indecent act by using the fact that the victim was unable to actively refuse or resist the Defendant’s crime due to lack of sexual decision-making right and lack of ability to cope with it.

On August 2018, the Defendant: (a) while playing a game with the victim at the dwelling room of the Defendant of the Suwon-si Ethra, Suwon-si, Suwon-si; (b) put his finger into the victim’s pande, by inserting his fingers towards the inside of the victim’s gate, and inserting his fingers into the victim’s pande, and put his fingers into the victim’s pande.

Then, at the same night on the same day, the Defendant met the upper part of the victim who was frightened by the protection of the victim, and raised the breast part as soon as possible.

This part is considered not to be prosecuted separately.

Accordingly, the defendant committed similar acts to the victim under 13 years of age by force.

2. On October 18, 2018, the Defendant: (a) around October 18, 2018, around October 2018, 2018, she saw that he/she would drink in the above house table; (b) caused the victim C (the age 12 at that time) to sit next to it; and (c) demanded the victim to have kisck on the part of the victim to do so; and (d) subsequently, the victim demanded the victim to have kisck on the part of the victim, but the victim refused to do so, she exceeded the victim’s inner diameter and met the face part on the hand.

Therefore, the defendant, who caused the kisk, requested again to do kis for 10 seconds, and kisk, kis the victim's kisk, and kis the victim's face.

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