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(영문) 대전지방법원 홍성지원 2016.07.21 2016고합30
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[Criminal record] On December 8, 201, the Defendant was sentenced to one year and six months of imprisonment and a fine of two million won on October 2, 2012 by the Daejeon District Court for a violation of the Punishment of Violences, etc. Act (joint injury) at the Daejeon District Court on December 8, 201 and completed the execution of the sentence.

[Criminal facts] The defendant is the victim's external third village of the victim C, and the victim is the victim's third degree of disability.

1. In 2012, the Defendant committed an indecent act against a disabled person under the age of 13, who was a relative of the victim's chest and her mother in the family of the victim (at the time, 11 years old), by reporting that the victim, who she she sawd together in the family of the victim in Seocheon-gun, Seocheon-gun, Chungcheongnam-gun, 201, was forced to commit an indecent act against the victim, who was under the age of 13.

2. The Defendant, at the victim’s home in spring No. 1 in 2014, expressed obscene video images to the victim (the age of 12 at that time) and committed an indecent act by force against the victim, who is a disabled person under the age of 13, who was related to the victim’s chest and fluence, by inserting her hand in the victim’s clothes.

3. In 2014, the Defendant: (a) committed an indecent act against the victim, who was divingd at the victim’s home, as described in paragraph (1) of the same Article, with the intent to forcibly commit an indecent act against the victim (at that time, 13 years of age); (b) led the victim’s grandchildren to a warehouse in front of the house; and (c) led the victim to the victim’s hand in front of the house; and (d) forced the victim to commit an indecent act against the disabled person, who was related to the victim’s chest and flasing of the victim’s chest and flas.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records (list of evidence 3);

1. Certified transcript of resident registration and family relation register;

1. Previous convictions in the judgment: The number of persons and the status of confinement and the application of the statutes governing the judgment;

1. Relevant legal provisions concerning criminal facts;

A. Criminal No. 1: Article 5(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act (Compulsory Indecent Acts by Relatives), Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the Criminal Act.

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