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(영문) 대구지방법원 서부지원 2019.02.14 2018고합215

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

[Criminal Power] On July 18, 2013, the Defendant was sentenced to two years of imprisonment for general automobile fire prevention in the Daegu High Court, and completed the execution of the sentence in the Daegu Prison on October 6, 2014.

【Criminal Facts】

The defendant is a de facto marital relationship with C, which is a parent of the victim B (math, February 2004).

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On August 2017, the Defendant: (a) sealed the body of the Defendant at the victim’s house located in Daegu-gu, Daegu-gu, about 2017, in a cell to the victim’s cell; (b) tightly pushed the Defendant into the victim’s clothes; (c) kiding the chest above the victim’s clothes; (d) kiding the victim into the victim’s neck and refusing to do so; and (e) putting the victim’s knick into the part of the victim’s neck; and (e) putting the knick into the part of the victim’s neck.

Accordingly, the defendant committed an indecent act against the victim who is de facto relative.

B. On August 2017, the Defendant tried to catch smartphones from the living room at the above place on the o’clock of August 2017, 2017, such as the victim, etc., who was sitting in, and try to do so, with the kisc, and kisc, and the victim was able to get kisced, so that the victim’s kiscks do not move into a canter with both hands.

Accordingly, the defendant committed an indecent act against the victim who is de facto relative.

2. On August 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the quasi-indecent act by compulsion in relation to relatives) committed an indecent act by inserting his hand into the inside of the victim who was divingd at the above place at the morning, making the victim panty and panty and continuously put his hand into the victim's panty and kept the victim's panty.

Accordingly, the Defendant committed an indecent act against the victim who was de facto in a state of impossibility to resist.

3. On October 15, 2018, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (quasi-similar act) shall be accompanied by the birth of the victim and the victim at the home of the victim in Daegu-gu E around 0:20.