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(영문) 수원지방법원 안산지원 2016.07.01 2016고합92
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
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A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

From around August 2004, the Defendant liveded with the victim C(D) E and maintained de facto marital relationship. On August 30, 2013, the Defendant reported a marriage with the said E, but reported a divorce on August 27, 2015, and was raising the victim from around 2004 to November 2015.

The Defendant, at around 19:00, put the Defendant’s handphone in the Defendant’s residence located in Ansan-si F around 19:00, reported the Victim (at that time nine years of age) and reported the television or handphones, with a view to forcing the Victim to commit an indecent act, and driving the Victim’s handphones on the part of the Victim, and then put the Defendant’s handphones into the part of the victimized Person, and then said the Defendant’s handphones are not the Victim.

In spite of the victim's chests, the part of the victim's chests, the part of the victim's clothes, the part of the victim's clothes, the part of the defendant's clothes, the part of the defendant's clothes, the part of the victim's sexual organ was frightened by the victim's sexual organ, the defendant's sexual organ was indecent act against the victim's sexual organ in the part of the victim's sexual organ, and the defendant's sexual organ was committed against the victim's sexual organ as shown in the attached list 1 and 2 from around that time to November 2015, and the victim's sexual organ was forced by force as shown in the attached list 3 and 4.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement contained in video recording CDs;

1. Statement made by the police for E;

1. A report on investigation (the date, time, and place of occurrence);

1. An abstract of each resident registration, etc. (C or A);

1. Article 5(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act (amended by Act No. 11556, Apr. 15, 2010); the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 201); Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 298 of the Criminal Act (wholly amended by Act No. 11556, Apr. 18, 2012); the punishment shall be imposed.

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