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(영문) 대구지방법원 2018.02.21 2017고합541

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant is the victim C (here, D's birth)'s profacy.

1. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof;

A. On January 2007, the Defendant was off from the Defendant’s house located in Daegu Northern-gu, Daegu-gu, and was off from the Defendant’s seat with the victim (4~5 years at the time) and the hospital play with the victim’s own hand while playing the hospital, and was in part of the victim’s negative part.

B. On January 2008, the Defendant was off from the victim’s seat with the victim’s (five to six years of age at the time) and the card play at the place indicated in the paragraph (a) of this case, and only the part of the victim’s negative part.

Accordingly, the defendant committed an indecent act on the victim of relatives more than twice.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by blood);

A. On the rooftop of the Defendant’s house located in Daegu Northern-gu F, Daegu-gu, on the date of 2010 F, the Defendant was off his own victim (as at the time, 7-8 years old) on the rooftop floor, and was found to have a negative part on his hand by putting him on the rooftop.

B. On January 2010, the Defendant: (a) at the place indicated in Section 2-A of the F.M. 2010, the Defendant informed the victim (the victim 7-8 years old at that time) of a computer game; and (b) caused the victim to sit in the computer game on his/her book; (c) went under his/her own hand to put him/herself into the part of the victim’s seat; and (d) sent him/her around the part.

(c)

피고인은 2010. 가을 일자 불상 오후 경 제 2의 가. 항 기재 장소에서, 피해자( 당시 7~8 세) 와 한복놀이를 하던 중 갑자기 손으로 피해자의 바지를 벗기고 피고인의 성기를 피해자의 음부 부분에 가져 다 대어 비볐다.

Accordingly, the defendant committed an indecent act on the part of the victim who was related to three times.

3. Special intimidation: (a) on September 2, 2017, the Defendant met the Defendant’s house located in the G apartment in Daegu North-gu, Daegu-gu, Seoul-gu, and (b) the Victim (14 years old) kids the pet dog; (c) the Victim was “Ah C,” and the Victim took a pet dog.