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(영문) 수원지방법원 2018.02.13 2017고합723
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 160 hours.

Reasons

Punishment of the crime

The defendant is the father and father of the victim D (n, E).

From around 2005, the Defendant was virtually divorced from F, a parent of the Defendant’s former interest, (the date of divorce by agreement on family relations register shall be March 20, 2007). From around that time, the Defendant raised the victim with the help of the married or the Defendant’s mother G with the help of the married or the Defendant’s mother.

The Defendant, who was a child from around 2014 to July 2017 when the victim was 12 years of age, has continuously committed sexual assault against the victim by taking advantage of the fact that it is a situation in which it is impossible for the victim to refuse the express or implied request of the Defendant who was her father and wife.

1. 2014. 6. 경 성폭력범죄의 처벌 등에 관한 특례법위반( 친족관계에 의한 강제 추행) 피고인은 2014. 6. 경 수원시 팔달구 H, 202호에 있는 피고인의 주거지 안에서, 누워 있는 피해자의 허벅지 부위에 피고인의 성기를 비볐다.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

2. On June 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by blood) around June 2014: (a) around the place prescribed in the above paragraph (1); (b) around June 2014, the victim’s negative part, knive part of the victim’s knife, and knive part of the victim’s clothes

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

3. On May 10, 2015, the Defendant: (a) committed an indecent act by force on May 10, 2015, in the place prescribed in the foregoing paragraph (1) around May 10, 2015; and (b) in the same manner as that prescribed in the foregoing paragraph (1) on May 10, 2015.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

4. On December 9, 2015, the Defendant was in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by blood) around December 9, 2015, and around 01:37 around December 9, 2015, there was a circumstance that the Defendant’s sexual organ was unhulled on the part of the victim’s bucks.

Accordingly, the defendant is a relative of the victim.

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