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(영문) 인천지방법원 부천지원 2019.11.22 2019고합218

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a father of the victim B (a family name, a female, 10 years of age).

1. From March to July 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent act by force by force in relation to minors under the age of 13) and the Defendant continued to have a part of the victim, even though the Defendant, at the end of March to July, 2018, posted the victim’s hand to the victim’s panty line by inserting his hand into the victim’s panty line, and expressed the victim’s intention to refuse it, while making it difficult to know the date from March to July. 2018.

Accordingly, the defendant committed indecent acts by force against the victim under the age of 13.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Compulsions with Respect to Relatives) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by compulsion of minors, quasi-offenders under thirteen years of age) committed an act of spreading the body of the victim through the same time and place as described in paragraph (1) and committed an act of spreading the body of the victim through the method of enjoying the body of the victim who has a potential locked by the victim.

Accordingly, the Defendant committed indecent act against the victim under 13 years of age, who was not able to resist due to locked.

3. The Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion on Relatives in relation to Relatives) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion in relation to Minors under the age of 13) in the Defendant’s residence in 2018, the Defendant said that “the Defendant would kisk for a kisck, breack,” “the Defendant would kisk for a breack, breack for a period of three to four minutes” while she said that “the Defendant would kisk for a breack for a breack for a bru