성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Punishment of the crime
From March 5, 2009, the Defendant was a legal relative of the victim by filing a marriage report with E as of July 23, 201, while maintaining de facto marital relations, beginning with E, who is the father and mother of the victim D, and living together with E.
The Defendant, upon drinking or making a speech, had the victim and E perform the act of drinking verbally, and had the victim take the house, and the victim was frightening to the victim.
1. On May 201, 201, the Defendant discovered that the victim (the 13 years of age) was locked at the Defendant’s house located in king F on the date 06:00, and found out that the victim was locked in the above house, followed by the victim’s kiscing, and kisced by the victim, “W kiscing kis,” and forced the Defendant to put the victim into the victim’s kis, kis by inserting the kis, and forced the Defendant into the victim’s kis not frighting against the breath of the skis, as the kisced kisceds were filled into the kisc, and forced the victim to commit an indecent act by force.
2. 피고인은 2012. 1. 20. 11:00경 위 피고인의 집에서, 피해자(14세)가 위 집 방에서 잠자고 있는 것을 발견하고 피해자의 곁으로 다가가 그 옆에 누워 피해자를 깨우고, 피고인에게 겁을 먹고 반항하지 못하는 피해자의 팬티 속으로 손을 집어넣어 엉덩이를 주무르고 윗도리 속으로 손을 집어넣어 가슴을 주무른 데 이어 “인간침대를 해 주겠다”며 피해자를 끌어당겨 누워있는 피고인의 몸 위로 포갠 채로 피해자의 몸을 만지는 등 피해자를 강제로 추행하였다.
Summary of Evidence
1. Legal statement of witness D;
1. Partial statement of witness E;
1. Request for fact inquiry (delivery such as the consultation paper), and notification of the result of statement analysis;
1. Application of statutes on the victim's pocket book;
1. Article 5(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act on criminal facts.