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(영문) 수원지방법원 2014.05.22 2014고합88

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Since from around 2009, the defendant has a de facto marital relationship with D, the mother of the victim C (the age of 16).

1. On September 19, 2013, the Defendant: (a) around 09:0 on September 19, 2013, from around 15:30 to around 15:30, 2013, the Defendant: (b) dived the victim’s body in a water-based E-Badon E-Badon; (c) diversd the victim’s body to the victim; (d) divers the victim’s body to the victim; and (e) dives the victim’s body to the victim; and (e) dives the victim’s body to the victim’s hand; and (e) dives the victim’s body to the blue k.

The Defendant continued to catch the victim's arms on the lower bank, sited on the defendant's bridge, and tried to kis on the rejected victim.

Accordingly, the defendant committed indecent acts by compulsion against the victim's relatives.

2. On September 21, 2013, the Defendant: (a) around 18:00 on September 21, 2013, the Defendant: (b) 18:00, the Suwon-si Police Team No. 925 on September 21, 201, and (c) 1:00 on September 21, 201, the Defendant saw the victim as her son.

Accordingly, the defendant committed indecent acts by compulsion against the victim's relatives.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor and police interrogation protocol of the accused;

1. Each police statement against C, F, and G (Evidence Nos. 2 through 4);

1. Each video recording CD (the sequence 7, 16, 20, 24 of the evidence list);

1. Determination of each investigation report (Evidence Nos 1, 13) as to the assertion of the defendant and his/her defense counsel

1. The summary of the assertion is that the Defendant committed an indecent act against the victim as indicated in the crime No. 19, Sept. 19, 2013. However, on September 21, 2013, the Defendant merely took the victim’s arms after the victim’s purchase, and did not commit an indecent act against the victim as indicated in the crime No. 2, and at the time, the Defendant was aware of the crime No. 1 as indicated in the judgment.