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(영문) 대구지방법원 안동지원 2016.04.21 2015고합81

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

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A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the father of the victim C (the first father, the 1999 birth), D (the second father, the 2000 birth).

1. Violation of the law of the branch of a child;

A. From around 15:30 on August 201 to 16:00 on the date, the Defendant: (a) was under the influence of alcohol from around 15:30 on August 201, 201 to around 16:0, the Defendant committed an act of abusing the victim’s body by harming the victim’s body by putting the victim’s head at one time on the home of the child’s money in the vicinity of the 12-year-old-gun; and (b) on the ground that the victim’s body was locked frequently.

B. The Defendant: (a) 2013 was under the influence of the Defendant on the instant residence, following the Defendant 10th anniversary of the 2013 anniversary of the domination; (b) 14 years old; and (c) 12 years old or 13 years old; and (d) 10 times thereafter, she she she was seated on the floor; (b) she she she was frighted up on the floor; and (c) she abused the Victim C’s head on eight occasions with his/her hand when she was her head on the floor; and (d) she abused the Victim C’s body at a time when she was her head on the floor.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by blood) committed a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes by the Defendant, following the Defendant’s knee and kneeing the victim C (the age of 14 at that time) under the influence of the Defendant’s drinking in his/her own room around the day of the year of 2013, and got knee and kneeled in front of the Defendant. The Defendant continued to have knee and kneed the victim’s chest up to 3 to 4 times, and continued to have knee and kneed the victim’s chest on his/her hand.

Accordingly, the victim and the defendant related to relatives committed indecent acts by assault or intimidation.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records (victim D's statement);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by telephone call of a victim C);

1. Relevant legal provisions and the former Child Reinstatement Act (No. 11002, Aug. 4, 201) regarding criminal facts.