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(영문) 인천지방법원 2016.10.21 2016고합500

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)

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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 of the victim C(n, 16 years of age).

On April 1, 2015, at around 19:30 to 21:00, the Defendant forced the victim to commit an indecent act by force, such as using the victim’s buckbuck paper, as follows, in the Defendant’s house room of Gyeyang-gu Incheon Metropolitan City D apartment 1, 202, after having the victim sit in his/her side, saving the victim’s shoulder with his/her arms, saving the victim’s shoulder with his/her arms, using the victim’s shoulder and arms as the Defendant’s hand.

B. On July 1, 2015, around 19:30 to 21:00, the Defendant committed an indecent act by force against the victim, such as: (a) holding the victim in his/her house room; (b) saving the victim’s shoulder in his/her side; and (c) putting the victim’s shoulder with his/her shoulder and arms in his/her hand; and (d) using the victim’s shoulder and arms as his/her hand; and (b) making the victim’s bucks with his/her bucks that he/she was suffering from bucks as listed below.

C. At around 19:30 to 21:00 on July 2015, the Defendant committed an indecent act by force against the victim, such as: (a) holding the victim in his/her house; (b) saving the victim’s shoulder in his/her side; (c) saving the victim’s shoulder with his/her shoulder; and (d) using the victim’s shoulder and arms as the Defendant’s hand; and (c) making the victim’s bucks with his/her half bucks that were put into bucks as listed below.

피고인은 2016. 2. 6. 11:00경 피고인의 집 거실에서, 알몸으로 누운 상태에서 피해자에게 자신의 옆에 누울 것을 요구하고, 이에 피해자가 싫다고 하면서 마치 걸려온 전화를 받는 듯한 시늉을 하면서 집 밖으로 나가려고 하자 피해자를 뒤따라 나와 피해자의 어깨에 손을 올리고, 손을 어깨에서 가슴 쪽으로 내리며 뻗어서 가슴을 손으로 덮듯이 감싸쥐어 만지는 등 피해자를 강제로 추행하였다.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and C;

1. The defendant;