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(영문) 전주지방법원 2015.02.12 2014고합305

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

On September 10, 2004, after the victim C (here, 10 years of age) was born, the Defendant reported the birth of the victim as the natural father of the Defendant and his wife D.

The Defendant, from around July 2, 2006 to July 2, 2014, had the victim rear his mother E, and had the victim die of the disease, and had the victim live together with his residence.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. At the beginning of July 2014, the Defendant: (a) around 23:00 on the first day, at the Defendant’s house located in Seojin-gu, Jinjin-gu, Seoul; (b) had a mind to force force by compulsion of the potential victims; and (c) had a deep diving and failed to resist, and used the sound part of the victim’s house in his/her hand.

B. At around 03:00 on July 13, 2014, the Defendant: (a) at the Defendant’s house located in J in Jinjin-gu, Jinjin-gu, Seoul; (b) was able to influencate the victim who was diving to force force by force; and (c) was influencing the victim’s negative part of the victim who was unable to resist due to defluence.

Accordingly, the defendant committed indecent acts twice by taking advantage of the victim's blood victim's state of non-performance.

2. Around 13:00 on July 21, 2014, the Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force committed by force in relation to relatives), committed an indecent act by force against the victim while working in the Hemotoel located in Young-gu G in Young-gu G on the same day, with the victim’s mother-gu, with the intent of inducing indecent act by force against the victim. On the other hand, the victim resisted against his mother-gu, with the victim’s mind that he did not commit an indecent act by force against his mother-gu, and the victim resisted against the victim’s mother-gu, with the victim’s breast-gu, with the victim’s panty-gu and the victim’s knife knife knife kn

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The Act and subordinate statutes governing the statement by the police of D.