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(영문) 인천지방법원 2018.11.28 2018고합279
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant is a person who had liveded for about 12 years from around 2005 to June 2017 with the outer money of the victim B (the name, the female, the age of 17).

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against a minor under the age of 13) committed on September 2013, the Defendant: (a) committed an indecent act by reporting the victim who was under the influence of a ward in the outside third village of the victim’s apartment in Seo-gu Incheon, Seo-gu, Incheon (at that time 12 years old); and (b) committed an indecent act against the victim by putting the victim’s own hand in the clothes of the victimized person, after putting him/herself in the clothes of the victimized person.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

2. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) committed an indecent act by reporting the victim who was seated in front of his/her book in his/her residence in Jung-gu Incheon Metropolitan City, Jung-gu (the age of 13 years at that time) around 2014, and the victim’s rears his/her hand over the part of his/her own victim, thereby spreading his/her chest.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

[A public prosecutor has filed a prosecution for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by blood) on the premise that the original accused and the victim are in a relative relationship, but filed an application for the amendment of an indictment to add alternatively the facts charged for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by blood) on October 12, 2018, and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (indecent act by blood), and filed an application for the amendment of an indictment to the indictment on October 19, 2018, the court permitted the amendment of the indictment at the fifth public trial of this case on October 19, 2018. As long as he/she is found guilty of the additional alternative facts charged, he/she does not separately determine the facts charged for the crime

Summary of Evidence

1. Statement by the defendant in court;

1. Each police officer with B (alias), E, and F.

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