A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Punishment of the crime

The defendant is a blood relative with the victim D (the birth in February 1993) who is a father or father of his father or father.

1. 성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행) 피고인은 2003. 8.경 부천시 E에 있는 피고인의 집에서 ‘바람의 나라’라는 온라인 게임을 하러온 피해자(당시 10세)와 단둘이 남아 그곳 안방 침대에서 함께 잠을 자게 되자, 피해자를 강제로 끌어안아 피해자의 반항을 억압한 다음 피해자의 입술을 혀로 핥고, 포옹을 하였다.

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

2. On June 22, 2010, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) committed sexual intercourse with the victim who was the head of the Defendant at the Defendant’s home located in Gangseo-gu Seoul Metropolitan Government F (the age of 17 years at that time), by holding the World Cup “The Republic of South Africa” games in the Republic of South Africa. On the following day, at around 03:30 of the day, the victim had started a axis game, and by raising the victim’s self-concept, the victim’s face and chest was forced to leave the victim’s seat and panty, and then came to have sexual intercourse with the victim by inserting the sexual organ into the part of the victim.

Accordingly, the defendant raped the victim's kinship.

Summary of Evidence

1. Legal statement of witness D;

1. Determination on the defendant and his/her defense counsel's assertion

1. The assertion;

A. As stated in the judgment of the court below 1., the Defendant did not have any sexual contact with the victim at the Defendant’s home at the time of the Defendant’s house, together with the victim who was an elementary school student, at the time of the Defendant’s house, and there was no sexual contact with the victim at the time of the Defendant’s house as of February 2, 200, and thus, all the facts charged should be acquitted.

(b) The victim shall be suffering from rape;