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(영문) 서울북부지방법원 2017.01.13 2016고합523
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

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

1. The Defendant committed an indecent act in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a quasi-indecent act by blood) committed an indecent act by taking advantage of the victim’s resistance situation during the period between July 2016 and July 11, 2016, when the Defendant’s house located in the Defendant’s house located in Gangnam-gu Seoul, Gangnam-gu, Seoul, by reporting the victim’s G (the age of 14 at that time) who is a sheshel’s father, and by taking advantage of the victim’s resistance impossible condition, committed an indecent act against the victim by taking advantage of the victim’s resistance situation, such as the list of crimes committed in the attached Form 11.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) was made on July 2016 and around 21:00, the Defendant taken pictures of the body of the victim who was shower in the shower in the shower room after dancing the Defendant’s cell phone located in the Kamer functions in the above bath room. On July 2016, the Defendant taken the body of the victim who was shower in the shower room in the above bath room. On the other hand, the Defendant taken the body of the victim’s cell in front of the above Defendant’s house using the short camera function inside the above cell phone and taken the body of the victim’s bar and the buckbucks.

As a result, the defendant taken two-times against his will the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. The sequence of list of crimes attached to G;

1. Above

5. Does

8. As to the crime between 10 and 10. The victim made a statement to the effect that he had known the Defendant that he had committed the crime at the time (the evidence record No. 164 pages). From the perspective of the victim who had been locked due to the nature of the quasi forced indecent act crime, the victim in a physical and mental state was rather colored that he had committed an indecent act by the Defendant. As such, the victim made the statement that he had committed an indecent act by himself.

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