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(영문) 인천지방법원 2018.06.29 2018고합218
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for three 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 (V, 16 years of age).

1. The same year from the end of July 2012 to the defendant who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-indecent act by blood)

8. 초순경까지 사이 일자 불상 경에 충북 괴산군 D에 있는 피고인의 주거지 거실에서 옆에 누워 잠을 자 던 피해자( 당시 나이 10세 )를 추행하기로 마음먹고 피고인의 옷 속으로 피해자의 손을 잡아끌어 피고인의 성기에 가져 다 댔다.

As a result, the Defendant committed an indecent act against the victim by using a blood-related victim’s incompetence.

2. On January 16, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by blood) and subsequently revised part of the facts charged to the extent that it does not pose a substantial disadvantage to the Defendant’s exercise of the Defendant’s right of defense by reporting the victim (age 11 years old at that time) who was on computers under Article 103 Dong-dong, Nam-gu, Incheon, the Defendant’s residence, and forced indecent act by force.

As lying on the bend, lying on the bend, lying on the body of the victim, putting the sexual part of the defendant on the body of the victim, putting the sexual part of the victim together with the victim's sound, and boomed about 3 minutes under the above, as the sexual act was done by putting the sexual part of the victim's sexual part closely.

Accordingly, the defendant committed an indecent act against a relative related person by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Statement made by the police against C;

1. Video recording storage CDs made by the police of the victim;

1. Application of the Acts and subordinate statutes to each investigation report (the date and place of crime, the submission of a written notification for consultation), and the original written notification for consultation;

1. Articles 5(3) and 5(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter the same) on criminal facts, Articles 299 and 298 (a) of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same) on the punishment of sexual crimes.

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