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The Defendant’s motion to attach the instant attachment order is dismissed.
Reasons
1. The facts charged and a summary of the grounds for filing a request for an attachment order;
1. 성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행) 피고인 겸 피부착명령청구자(이하 ‘피고인’이라 한다)는 2004년 여름경 안양시 만안구 B건물, C호에 있는 피고인의 집에서 피고인의 친딸인 피해자 D(여, 당시 4세)이 자고 있던 방 안으로 들어가, 손으로 피해자의 다리를 잡아 벌리고 피해자의 음부를 입으로 핥고, 이에 피해자가 잠에서 깨어 발로 피고인의 몸을 차며 ‘하지 말라’고 함에도 강제로 피해자의 음부를 입으로 핥았다.
Accordingly, the defendant committed an indecent act by force against the victim who is a relative of relatives.
2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives) said that the said victim (the age of 11 at that time) was laid down in the Defendant’s house located in the Manyang-gu E building and the Defendant’s house located in the Defendant’s house located in the 2011 and, at the same time, the said victim (the age of 11 at that time) was laid down in the Defendant, and the victim was laid down in the Defendant’s shoulder and was in charge of the victim’s chest by hand while stating that “I are prone.
Accordingly, the defendant committed an indecent act by force against the victim who is a relative of relatives.
3. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Minors under 13 years of age) entered a room where the said victim (at the time 11 years of age) was divingd at the same place as paragraph (2) of A around 2011, and entered a room where the said victim (at the time 11 years of age) was locked back, left behind the victim’s chest by hand, taken the victim’s chest by hand, taken the victim’s finger by hand, putting the victim’s shoulder by hand, laid down the victim’s body, and put the victim’s sexual organ into a part where the victim’s body was forced.
Accordingly, the defendant raped the victim under 13 years of age.
4. A defendant who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) around June 14, 2017.