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(영문) 의정부지방법원 2018.02.07 2017고합330
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for nine years.

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

Reasons

Punishment of the crime

The Defendant, as a relative of the victim C (math, current 15 years of age, and family life), was a relative with the victim. From around 2003 to around 2012, the Defendant lived together again with the victim. The victim was her age, and the Defendant did not request others to help due to her family relationship and sexual humiliation as her father-child, and was able to commit indecent acts or rape by using the fact that it is very difficult to resist substantially.

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Relatives) and violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by compulsion of a minor under the age of 13), the Defendant was forced again to leave the chest of the victim, even though he was forced by a victim, by putting him under the clothes of the victim (the age of 10 at the time) who was locked, in the dwelling space of the Defendant located in Macheon-si D around the due date in front of the new wall in 2012, and by putting him in the inner clothes of the victim (the age of 10 at the time), while she was under the victim’s chest, and then she was under the victim’

Accordingly, the defendant committed an indecent act by force against the victim under 13 years of kinship interest.

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-voluntary indecent act) committed on April 2015, the Defendant was placed in the inside of his/her residence, and was placed in the inner part of the victim who was diving (the age of 13 at the time), and was placed in the inner part of the victim (the age of 13 at the time), and was placed in the body of the victim’s chest.

Accordingly, the defendant committed an indecent act by force by taking advantage of the victim's mental and physical loss, which is a juvenile with a relative interest.

3. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act by blood) committed in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse at night around the same day in 2015.

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