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(영문) 서울남부지방법원 2019.09.26 2019고합210

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

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

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 the father and father of the victim B (son, 14 years of age).

1. On November 2017, 2017, the Defendant: (a) took the victim (at that time, 12 years of age) who was living in the dwelling space of the Defendant located in Yangcheon-gu Seoul, Seoul around the first night of November, 2017; (b) took the victim’s mind to forcibly commit an indecent act; (c) prevented the victim from leaving the victim her own after her; and (d) took off the victim from her panty, the Defendant was off with her panty, left the Defendant’s sexual organ against her her fright, her son, her knick, put his son into the victim’s clothes, and her knick

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

2. 2018. 11. 28.경 강제추행 피고인은 2018. 11. 28. 06:30경 전항과 같은 피고인의 주거지 방 안에서 옆에 누워 있던 위 피해자(당시 13세)를 보고 강제로 추행할 마음을 먹고, 갑자기 피해자를 끌어안으며 손을 피해자의 상의 옷 속으로 넣어 피해자의 가슴을 만지고, 다른 손은 피해자의 바지 안으로 손을 넣어 피해자의 음부를 만지려 하였으며, 이에 피해자가 “하지 말라”고 저항함에도 피고인의 성기를 피해자의 음부에 갖다 대고 비벼댔다.

Accordingly, the defendant committed an indecent act by force against a juvenile who is a relative of a juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. stenographic records of the statement made to B, and DNA video recording CDs;

1. Investigation report (related to counseling contents by telephone for a victim B teacher);

1. Application of family relation certificates and resident registration cards statutes;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning the crime, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 (a point of indecent act by compulsion of a minor under the age of 13) of the Criminal Act, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act;

1. Trade name;