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(영문) 울산지방법원 2016.05.13 2016고합35

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등

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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On August 8, 2014, the Defendant was sentenced to two years and six months of imprisonment and three years of suspended execution as a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a indecent act committed by a minor under the age of 13) in the Busan District Court's Dong Branch branch branch, and the judgment became final and conclusive on November 21 of the same year.

Criminal facts

"2016 Gohap 35" Defendant, at the residence of the Defendant located in Busan-gun, Busan-gun, in the city of the Defendant, had the victim D (the 9 years old at that time) who was living together in the village of the Defendant, and had the desire to commit an indecent act against the victim since then, the Defendant had the desire to commit an indecent act.

1. The Defendant committed an indecent act in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-performance by blood) on August 2013, 2013 by taking advantage of the victim’s non-fluencing condition, such as the victim’s sexual crime list (i) at night and around September 2013, the Defendant committed an indecent act on six occasions in total by taking advantage of the victim’s non-flucing condition of resistance, such as the victim’s list of crimes, from the time to September 2013.

2. The Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by blood) committed an indecent act by force against the victim, who was a relative four times in total, from the time on April 2014, when the victim entered the room of the Defendant with the wind of diving at night on October 2013 at the same place as the above paragraph 1 at night. In addition, the Defendant forced the victim to commit an indecent act by force, such as the victim’s panty panty, and the victim committed an indecent act by force until April 2014.

The Defendant on May 2012, 2012, “2016 Gohap 74,” opened a window adjacent to a restaurant that was not locked by the victim F in Busan-gun, Busan-gun, and intrudes into it, at the seat of the G restaurant operated by the victim F of the victim F in Busan-gun, Busan-gun.