A 30-year-old uncle who was brought to trial on charges of molesting and touching the body of a young step-nephew has been sentenced to prison.
According to the legal circle on the 28th, the 1st Criminal Division of the Wonju Branch of the Chuncheon District Court (Chief Judge Shin Gyo-shik) was charged with violating the Act on Special Cases concerning the Punishment of Sexual Violence Crimes (quasi-forced sexual assault by kinship and quasi-forced molestation of a minor under the age of 13). ) was sentenced to three years in prison.
In addition, he ordered probation for five years, prohibiting contact or access to the victim during this period, and imposed observances such as limiting employment for five years to children, adolescents and disabled people-related organizations, and completing 40 hours of sexual violence treatment program.
Mr. A was handed over to trial on the charge of molesting the body of Miss B (7), her stepdaughter and her stepnephew, who was sleeping in her brother's home room at around 6:30 am on November 6 last year. I lost.
During the trial, Mr. A tried to lower her sentence, arguing that "she and Ms. B are not related to her." It is known that he denied it.
However, the court applied the Act on Special Cases of Sexual Violence Crimes to Mr. A, saying, "The accused and the victim are third cousins, and in fact, they are relatives by relationship."
According to Article 5 of the Act on Special Cases concerning the Punishment of Sexual Violence Crimes (rape by kinship, etc.), the scope of kinship is relative to relatives living together with blood relatives or relatives within the fourth degree or relatives based on de facto relations,
Regarding this ruling, the court said, "The defendant's biological brother and Miss B's mother are married, and Miss B, who lives in a family community, also regards the defendant as her uncle. In light of the fact that they have been together, they are considered relatives as stipulated by the Act on Special Cases of Sexual Violence.”
He continued, "It was a sexual assault while his young step-nephew was asleep, and even if there was no violence or threats, the crime was very illegal and the quality of the crime was poor, so there is a high possibility of condemnation." The sentence was decided based on that consideration.”
On the other hand, in addition to the above charges, Mr. A is also charged with driving under the influence of alcohol for about 900m while riding a minor without a driver's license while drunk on a road in Wonju, around 3:30 am on February 6, with a blood alcohol concentration of 0.142%. was included in
Accordingly, both the prosecutor and Mr. A appealed against the judgment of the first trial, and the second trial will be held at the Chuncheon Trial of the Seoul High Court.