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(영문) 울산지방법원 2017.08.10 2017고합153

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)

Text

A defendant shall be punished by imprisonment for four years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is the father and father of the victim C (V, 18 years of age).

1. From the summer in 2009, the Defendant: (a) committed the following acts: (b) at the residence located in the D Housing C Dong-gun, Ulsan-gun, Ulsan-do around the summer in 2009 around A, the Defendant committed an indecent act by force against the said victim on the victim’s chest by: (c) holding the victim from putting the victim on a room next to him; and (d) holding the victim’s chest on the victim’s chest.

2. In 2013, the Defendant committed the instant crime: (a) at around 18:00 around 2013, the Defendant: (b) placed the victim on the places indicated in the foregoing paragraph 1; (c) placed the victim on the side; and (d) placed the victim on the lower part; and (c) forced the victim to commit an indecent act.

3. On January 1, 2017, the Defendant: (a) committed an indecent act by forcing the victim to use the victim’s chest by inserting her her her her son with one hand with his her her her her son’s her son’s her son’s her son with his her son’s her son with his her son’s son’s her son with his her son’s son’s her son with his her son’s her son’s son’s son’s her son.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of the Ulsan Sea Center;

1. Application of Acts and subordinate statutes to report internal investigation (referring to telephone communications with victims);

1. Relevant legal provisions concerning criminal facts;

A. In the case of forced indecent acts by blood under Article 1 of the judgment: Article 4 of the former Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010); Article 7(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims thereof (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply); Article 298 of the Criminal Act (the upper limit of punishment shall be 15 years of imprisonment provided for in the main sentence of Article 42 of the former Criminal Act)

B. Relativess of Nos. 2 and 3 in its holding