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(영문) 인천지방법원 2016.08.12 2016고합329

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)

Text

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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From the end of February 2014 to June 15, 2014, the Defendant had a relative with the victim as the wife of the victim D, and had the Defendant live together with the Defendant’s wife and wife at the Defendant’s residence located in the Namdong-gu Incheon Metropolitan City E Apartment 1307 Dong-gu, 304, and had the Defendant forced another victim to commit an indecent act by force from April 2014.

1. From April 2014 to May 2014, the Defendant committed the crime, from around April 2014, to around May 2014, 2014, the Defendant 08:0 of the above Defendant’s dwelling space to around May 2014, 08: (a) took the victim’s head by hand from the victim’s dwelling room; (b) kissed the victim’s head by hand; and (c) forced the victim to commit an indecent act more than ten times for each son with no Defendant’s wife.

2. On May 2014, the Defendant committed the crime at the end of May 2014, 2014, with the victim’s head knife by hand from the Defendant’s dwelling room at the end of the end of the same year, and kissk on the victim’s kis, and kis on the victim’s kis, and kis from the defect victim’s back to the victim’s room, kis the victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to the copies of Giteracy messages;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [an aggravated punishment for concurrent crimes prescribed in the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent Acts by blood or marriage) around the end of May 2014 with the largest penalty];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion of the Defendant and his/her defense counsel under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend and the Order to Attend

1. All of the facts alleged in the facts charged by the defendant and his defense counsel are recognized.