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(영문) 인천지방법원 2019.07.26 2019고합238

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

A defendant shall be punished by imprisonment for three years.

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 B (son, 11 years of age).

1. From April to May of the same year, the Defendant committed the crime around April 2017 to May of the same year, at the boundary of the Yeonsu-gu Incheon Metropolitan City C apartment 00 -00 -00 - from around April 2017, the Defendant reported the victim (at that time nine years of age) who was reporting television to the bed in the bed, taken the victim’s mind to force indecent acts by force, and took the victim’s chest on his own hand after enjoying the victim’s own hand.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

2. On October 2018, the Defendant: (a) around October 2018, at the same place as indicated in paragraph (1); (b) reported the victim on television; (c) obstructed the victim by compulsion; and (d) took place subsequent to the victim’s occurrence; and (c) opened the victim’s own hand, the victim’s chests were sent back to several times; and (d) opened the victim’s hand into the victim’s bucks with the victim’s bucks.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

3. On November 2018, the Defendant: (a) around November 2018, at the same place as indicated in paragraph (1); (b) reported a television victim; (c) reported the victim; and (d) had the victim’s chest with the victim’s chest by indecent act; and (c) had the victim’s chest by hand.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Part of the legal statement of the witness D (excluding the part of the professional statement that the victim has committed an indecent act against the victim);

1. Part of the police statement of D (excluding the part of the professional statement that caused harm to indecent acts by the victim) and the police statement of E;

1. Results of reproduction and viewing of stenographic records (B) and video CDs recorded by victims;

1. B Preparation structure and forests;

1. Reporting on the results of emergency measures and determination of interim measures;

1. A certified copy, family relation certificate, etc.;

1. In cases of reports on internal investigation, emergency measures for victimized children, places where access to temporary measures is prohibited, etc., confirmation of their kinship, and juvenile reformatorys;