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(영문) 수원지방법원 2019.09.26 2018고합472
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
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A defendant shall be punished by imprisonment for not less than two years and six months.

For the defendant, 40 hours of sexual assault treatment program and 40 hours of sexual assault treatment program.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under thirteen years of age);

A. On February 2016, the Defendant: (a) in the Defendant’s residence located in B apartment C at the Sinpo-si, Sinpo-si; (b) when the victim D (the name, the son, and the birth on May 2010) who is the Defendant’s relative, reported the Defendant’s cell phone image from the room to the Defendant’s cell phone, the Defendant was able to enter the room and use the Defendant’s panty system and rhum the victim’s panty system.

B. From 14:00 to 16:00, the Defendant: (a) placed the victim’s panty in the same place as the foregoing paragraph; (b) opened the victim’s panty; (c) opened the victim’s panty with his panty; and (d) opened the victim’s panty with his panty and smelling the Defendant.

C. From 14:00 to 16:00 on March 2018, at the same place as the above paragraph (a) above, the Defendant saw the victim with a cellular phone to have a sound mind, but the victim was her hand and tried to keep his body from her seat, and her pande panty was her panty.

Accordingly, the defendant, who is less than 13 years of age, committed indecent acts by force on the victim.

2. Around March 2018, the Defendant violated the Child Welfare Act (child abuse) committed physical abuse against a child, such as impairing the body of the child, or impairing physical health and development of the body, by taking the victim’s hand on the ground that the victim does not listen to the horses, by taking the victim’s scambling, forcing the victim to take double arms and punish the legs on the ground that the victim does not listen to the horses.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Records of statements made by victims;

1. Application of the CD-related Acts and subordinate statutes;

1. Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts and the punishment, etc. of each sexual crime.

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