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(영문) 서울남부지방법원 2014.05.15 2013고합529
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim E (M, 8 years of age at the time of 2009) and the fourth degree of relationship.

1. Around February 2009, the Defendant: (a) committed indecent acts by force by force on the victim’s home room located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul; (b) by force, the victim’s panty pathy and rhythm in a panty fladro, which was covered by flading and sitting in a shock.

2. Around April 6, 2009, the Defendant, at the above victim’s home, engaged in indecent acts by force against the victim’s panty, who entered the victim’s house with a cover of the fluort and entered the fluort.

3. Around April 6, 2009, the Defendant: (a) committed indecent acts by force by force on the victim’s home; (b) on the part of the victim’s home; and (c) on the part of the panty method such as paragraph (2), by inserting the hand into the panty line, and

4. On April 6, 2009, the Defendant, at the above victim’s house, forced the victim to take a face-to-face eating, and forced the victim to take a part in the victim’s sexual organ, and forced the victim to take a part in the victim’s sexual organ by force.

5. On July 8, 2009, the Defendant: (a) committed indecent act by force against the victim’s blood relatives, such as by inserting his hand into the victim’s panty line, in the G accommodation located in the south Yong-Namnam, the Defendant: (b) committed indecent act.

6. Around December 2009, the Defendant committed indecent acts by force against the victim, such as in a ward at the victim’s house, and in a more manner, TV, such as TV, as the victim, in which the victim had a negative opinion as the victim’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of E;

1. Application of stenographic records in protocol E;

1. Article 4 of the former Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Article 7(2) of the former Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Article 298 of the Criminal Act (Provided, That the upper limit of punishment is prescribed by Act No. 10259, Apr. 15, 2010).

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