beta
(영문) 수원지방법원 평택지원 2013.11.27 2012고합447

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

All of the prosecutions of this case are dismissed.

The request for the attachment order of this case is dismissed.

Reasons

1. The facts charged [2012 Gohap447] The Defendant is a person who is in a de facto marital relationship with F, the mother of the victim D(s).

피고인은 2012. 10. 21. 22:00경 평택시 G 303호 피고인의 집 거실에서 피해자와 마주 앉아 있던 중 순간적으로 욕정을 느끼고 피해자에게 다가가 피해자의 윗옷과 브래지어를 들어 올리고 피해자의 가슴을 만지고, 피해자에게 “너는 젖꼭지가 안 나와 가지고 남자가 애무해서 빼줘야 한다”라고 말하며 피해자의 가슴을 강제로 깨물었다.

The defendant continued to put in the victim's inner arms and put it into a key, and the refused victim's refusal to put it into a fighting engine "if the victim speaks at a fighting engine, it shall be fighting engine."

Accordingly, the Defendant committed an indecent act by force against the victim of de facto kinship.

[2013Gohap70] The Defendant is a person in a de facto marital relationship with F, the mother of the victim D, and is the victim’s father (the victim is referred to as “the victim’s father”). The victim is a person with intellectual disability at the level of intelligence loss (intelligent index 45 points), and the victim was unaware of the victim’s ability to discern things or make decisions, with the knowledge that the victim was lacking in the ability to discern things, and committed an indecent act by using it.

At around 18:00 on December 2, 2012, the Defendant: (a) committed an indecent act by force against the victim, such as: (b) the victim, who f, coming to work and left a toilet in which the victim takes a bath; (c) f, f, was exempted from clothes; (d) f, f, took the victim’s body; and (e) f, f, took the victim’s body; and (e) f, attempted to talk with the victim’s chest, and f, attempted to talk with the victim’s chest; (e) the victim’s f, f, took the part of the defective victim’s body; and (e) f, f, put the victim’s finger.

B. The Defendant, around 05:00 on March 18, 2013, entered the victim’s room in his/her own residence and was diving.