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(영문) 광주지방법원 목포지원 2018.12.20 2018고합58
미성년자의제강제추행등
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

The defendant is the father and mother of the victim B (son, son, son, son on December 2003) and the father and mother of the victim are divorced, and the victim's father and mother are raising the victim from around 2006 and living together.

The defendant took the victim's residence and brought the victim to a residence of the defendant, and used the victim's status as a guardian to resolve the sexual desire of the defendant. The victim was living in the defendant's residence due to the parent's divorce and economic difficulties, and the above status of the defendant was a situation in which he could not without permission be living at the end of the defendant.

1. 미성년 자의 제강제 추행 피고인은 2013년 가을 경 목포시 C 건물 D 호, 피고인의 집 거실에서, 텔레비전을 보고 있던 피해자( 당시 9세) 의 가슴을 입과 혀로 핥고, 손으로 피해자의 엉덩이를 만지는 방법으로 추행하였다.

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

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of sexual intercourse with a minor under the age of 13) the Defendant: (a) classified the victim’s body by the body of a person who was sexually listed on the part of the victim (the age of 11 at the time) who was intending to sleep at the same place as that of paragraph (1) in 2015; and (b) threatened the victim with his resistance by preventing the victim resisting at the same time; and (c) coercing him by preventing him from leaving his seat; and (d) coercing him from leaving his will and leaving his sexual organ.

Refusal:

At the same time, the head has a face to prevent him from returning his face on the left and right, and the victim's face to resisting is called "as soon as possible only once," and the flag was promptly taken by him.

As such, the Defendant committed an act of similarity with a minor under the age of 13 in inserting sexual organ inside the mouth of the victim.

3. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (referring to a minor’s deceptive scheme, etc. under the age of 13) committed a locked act at the same place as paragraph (1) and in a ward around the night in 2015 (at the time).

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