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(영문) 수원지방법원 안산지원 2017.02.15 2016고합273
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
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The defendant shall be punished by imprisonment with prison labor for three years and nine years for the remaining crimes as stated in the judgment of the court.

Reasons

Criminal facts

On October 26, 2012, the Defendant and the person to whom the attachment order was requested (hereinafter referred to as the “Defendant”) were sentenced to a suspended sentence of three-year imprisonment with labor for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-indecent act by blood relatives) in the support of Suwon Fagwon, and the judgment on February 1, 2013 became final and conclusive.

[2] The Defendant, on June 2007, remarriedd with D around June 2007, and from around March 2010 to around the Defendant’s residence, the facts charged against the victim E (here, F) who was born from D and Jeonnam, was stated in the victim’s age as 15 years. However, since the victim’s age differs depending on the period of each crime, the Defendant’s age is corrected as above.

On July 23, 2012, a person was indicted on detention on July 23, 2012, and was released on October 26, 2012, and the victim was released from prison for a period of four years of suspended execution.

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

가. 피고인은 2012. 11. 초순 04:30 ~06 :00 경 안산시 상록 구 G 아파트, 113동 108호 피해자의 방에 몰래 들어가 가정불화가 생길까 봐 적극적으로 저항할 수 없어 자는 척하며 누워 있는 피해자의 상의를 위로 걷어 올려 가슴을 손으로 주무르고 입으로 핥은 후 팬티 안으로 손을 넣어 음부를 만지고, 이에 피해자가 몸을 뒤척이거나 손으로 뿌리쳐 저항하자 움직이지 않을 때까지 기다렸다가 다시 피해자의 가슴을 만지는 등 추행하였다.

B. On July 2015, the Defendant committed an indecent act by entering the room of the victim No. H and 102 of the Y-gu, Ansan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si, 2015, with the face of the victim, and using the victim’s chest as hythm.

(c)

From February 2, 2016 to March 2, 2016, the Defendant entered the room of the victim H and 102 of Ansan-si, Y-gu, Ansan-si, Ansan-si, Y, 06:00, and Y-do, Ansan-si, Y-si, and the victim’s clothes, protruding his own hand.

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