beta
(영문) 서울남부지방법원 2015.01.29 2014고합324

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the instant singing with the trade name “Esing”, and F is an employee of the said singing, and the victim G (the age of 18) and the victim H (the age of 22) are F’s children.

The defendant is frequently in the F's house located in Gangseo-gu Seoul Metropolitan Government I 202, and the defendant is a internal relationship.

1. 아동ㆍ청소년의성보호에관한법률(강제추행) 피고인은 2014. 1. 초순경 위 F의 집에서, F이 화장실에서 씻고 있는 틈을 이용하여 피해자 G의 방으로 들어가 침대에 누워있던 위 피해자의 속옷 속으로 손을 넣어 젖꼭지를 꼬집듯이 만지고, 위 피해자가 하지 말라고 이를 거부하자 “가슴이 왜 이렇게 들어가 있느냐. 만져줘야 젖꼭지가 나와 나중에 애를 낳고 애기가 젖을 빨기 쉽다.”고 말하는 등 그때부터 같은 달 중순경까지 별지 범죄일람표 기재와 같이 3회에 걸쳐 위 피해자의 의사에 반하여 위 피해자를 강제로 추행하였다.

2. Indecent acts by compulsion;

A. On February 2014, 2014, the Defendant: (a) at the house of the F, the Defendant: (b) demanded the victim H who f was drinking water in the kitchen using the cresh in the kitchen; (c) demanded the victim H to kis; and (d) caused the said victim to go kis; (c) caused the victim to go kis; and (d) prevented the victim’s face to go kisced by hand; and (e) committed an indecent act in a manner consistent with the alcohol of the said victim.

B. The Defendant at the horse border on February 2014

3. From the above F’s house, F made it difficult for the victim H, who was employed in a cresh in a toilet by using the cresh in which F was in a toilet, to take the victim H, who was in a cresh and the head of the said victim’s hair in a feet, and committed an indecent act by force, such as inserting the victim’s hair in a feet.

Accordingly, the Defendant committed an indecent act by force against the victim H’s will over two occasions.

(i) the evidence;