beta
수원지방법원 여주지원 2015.05.21 2015고합8

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In August 2014, the Defendant: (a) committed indecent act by compulsion against the victim D, while holding his/her fingers in the Defendant’s residence in Gyeyang-gun of Gyeonggi-do, by drinking the victim D (the 15-year old age), who is his/her native in the Defendant’s residence; and (b) sitting in the victim’s side where the smartphone game was being carried out and expressed his/her intention of refusal; and (c) laid his/her breasts into his/her chest.

Accordingly, the defendant committed indecent act by assault against the victim who is a relative and female juvenile.

2. The Defendant had maintained a singing-out relationship with G, which was a sing-out, thereby exercising violence against the victim F and demanding divorce.

At around 19:00 on September 17, 2014, the Defendant: (a) requested a divorce from the victim at the above residence of the Defendant; (b) however, the victim would have knife and do harm to the victim who did not comply with the request; (c) the victim took the kitchen, which is an object dangerous to the horse, and expressed that “the victim would die even if the divorce is not divorced, she will do so.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Statement by the prosecution concerning D;

1. Application of the F of each police protocol of statement to the F;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Facts, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act concerning the punishment of sexual crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of indecent act by compulsion in relation to relatives).