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(영문) 청주지방법원 충주지원 2017.01.12 2016고합27
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is the mother of the victim C and the father of the victim who completed the marriage report on May 25, 2013.

1. On May 2014, the Defendant: (a) went behind the victim (11) who was seated in his/her own residence located in Ansan-si, Ansan-si; and (b) was hicked with the victim’s chests by hand.

Accordingly, the defendant committed an indecent act by force on the victim of sexual intercourse within the fourth degree of interests of minors under the age of 13.

2. On October 2015, the Defendant opened a toilet door in which the victim (12 taxes) takes a bath at his own residence located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, and forced the victim to commit an indecent act by opening a toilet door to the victim’s own toilet, and making the victim take the victim’s humbbbbbbbbbbs in his hand, and making the victim take the victim’s humbbbbs in front of the victim’s sexual organ.

Accordingly, the defendant committed an indecent act by force on the victim of sexual intercourse within the fourth degree of interests of minors under the age of 13.

Summary of Evidence

1. Each legal statement of witness F, G, H and I;

1. Each statement of C contained in prosecutorial video CDs and police video CDs;

1. Statement of reference person by the prosecution against J-one time in door;

1. Written opinions of experts in statement and analysis of children and persons with disabilities;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to a victim’s mother’s family relationship certificate);

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the corresponding provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act (the point of compulsory indecent act by blood), Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act (the point of compulsory indecent act against a minor under the age of 13

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (any indecent act by blood) and 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and any violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (any indecent act by a minor under the age of 13) shall be more severe and each punishment shall be imposed.

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